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HomeMy WebLinkAbout04-14-2021 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: April 8, 2021 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Wednesday April 14, 2021 Enclosed please find the following documents for your review and comment at the next hoard meeting: • Agenda for 4/14/2021 • Minutes of the meeting on 3/9/2021 • Minutes of meeting on 3/26/2021 • ICPD General Order 07-03 (Fiscal Management) • ICPD General Order 89-05 (Radio Communications Procedure) • ICPD Use of Force Review/Report February • Correspondence from Carol deProsse, Joni Bosch • Letter from Geoff Fruin City Manager -Update on CPRB Recommendations to City Council • Letter from Sue Dulek Assistant City Attorney -Draft Ordinance Amendment • Draft Memo #2 -Suggested revision to ICPD General Order 99-10 (Domestic Violence) • Draft Memo #2 -Suggested revision to ICPD General Order 99-08(Body Worn Cameras and In -Car Recorders) • Office Contacts —March 2021 • Complaint Deadline COMMUNITY POLICE REVIEW BOARD WEDNESDAY, APRIL 14, 2021 Electronic Special Formal Meeting — 5:30 PM ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to https://zoom.us/webinarZregister/WN 9srHZNpUTb6WGMIO-vd� via the internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 933 5213 5772 Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 03/09/21 • Minutes of the meeting on 3/26/21 • ICPD General Order 07-03 (Fiscal Management) • ICPD General Order 89-05 (Radio Communications Procedure) • ICPD Use of Force Review/Report February • Correspondence from Carol deProsse, Joni Bosch ITEM NO. 3 NEW BUSINESS • Discussion of CPRB Recommendations to City Council • Discussion of Draft Ordinance Amendment ITEM NO. 4 OLD BUSINESS • ICPD General Order 99-10 (Domestic Violence), Section J • ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders) ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • May 11, 2021, 5:30 PM, Electronic Zoom Meeting • May 17, 2021, 5:30 PM, Community Forum Electronic Zoom Meeting • June 8, 20217 5:30 PM, Electronic Zoom Meeting • July 13, 2021, 5:30 PM, Electronic Zoom Meeting ITEM NO. 9 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 10 ADJOURNMENT If you will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, Christine-Olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — March 9, 2021 Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to coneernc for the health and safety of Board members, staff and the public presented by COVID-19. CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: Chair David Selmer called the meeting to order at 5:34 p.m. Jerri MacConnell, Amanda Nichols, Orville Townsend Latisha McDaniel Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford None Iowa City Police Chief Dustin Liston RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Townsend, seconded by MacConnell, to adopt the consent calendar as presented. • Minutes of the meeting on 2/9/21 • ICPD General Order 17-02 (Contractual Agreements and Contacted Duty Employment) • ICPD General Order 17-06 (Less Lethal Weapons) • ICPD General Order 17-03 (Firearms) • ICPD General Order 99-04 (Canine Operations) • ICPD Use of Force Review/Report January • Correspondence from Jessica Kramer (Staff response included) Motion carried, 4/0, McDaniel absent. NEW BUSINESS Web -Site Recommendations Discussion Selmer thanked staff for adding the police general orders link to the CPRB's web page. He found it to be helpful. Selmer asked the Board if they had anymore recommendations for improving the web page. Nichols suggested having the CPRB meetings live streamed via Facebook, she felt having more social media presence would help with public awareness as well as transparency. Selmer agreed adding it would also be nice for the public to have access to recordings of past meetings. Fruehling explained this request would likely need to go through City communications department and that staff will check into the feasibly of live streaming and report back to the Board. COLD BUSINESS Community Forum The Board reviewed draft forum information and agreed to proceed as drafted. Selmer noted the forum will be held be held via Zoom on May 17th and have two topics, (1) meet the new Police Chief and (2) discussion of the CPRB recommendations report submitted to City Council. CPRB Larch 9, 2021 DRAFT ICPD General order 99-10 Domestic Violence Section J Selmer asked the Board for comments on the draft recommendation letter which now includes the additional language as suggested at the previous meeting. Townsend thought the draft submitted looked good and thanked Selmer for all of his hard work putting it together. Townsend asked Chief Liston if he thought it was possible to get the recommendation added to the general order. Chief Liston explained once the recommendation letter from CPRB was received he would need to meet with the City Attorney to discuss the proposal. Chief Liston noted the draft recommendation letter included language regarding revoking an officer's certification and stated the City does not have control of or the authority to revoke an officer's certification. The Iowa law enforcement academy that has the authority for revocation, however the police department does have control over an officer's employment with the City. Townsend stated he felt it was important for the City to send a message that even if the State certification is not revoked the City can still control the officer's employment with the City. Legal Counsel Ford agreed with the Chief as certification revocation being the State Law and advised the Board that it could choose to remove reference to revoking a certification in the recommendation because it was not in the purview of the police department. The Board agreed to eliminate language regarding revoking a law enforcement officer's certification. Selmer volunteered to amend General order 99-10 recommendation letter and include the new draft in the next meeting packet for the Board to review. ICPD General order 99-08(Body Worn Cameras and In -Car Recorders Selmer explained the draft recommendation proposal for revisions to General order 99-08 (Body Worn Cameras and In -Car Recorders was broken into two subjects, 1) Video Distribution Process and 2) Discipline. He noted he would like the board to discuss each subject separately. 1) Video Distribution Process: Selmer noted the draft included Nichols proposed recommendation to include the CPRB as a secondary check/review prior to any video deletion. Townsend stated he supported the recommendation and felt it would be appropriate to have a second set of eyes reviewing the video considering the temperature around the county regarding the very same thing. Selmer asked Chief Liston what was actually being deleted and the average weekly amount of time he spent reviewing video to be deleted. Chief Liston noted the police department has never deleted a video and stated any video that is unintentionally captured, invasive or private, not pertinent to any case or inquiry is redacted and kept for the standard retention period as set in policy. Selmer asked how it is decided what is redacted. Chief Liston noted it is typically the City Attorney's office or the County Attorney if it was evidence. Selmer questioned why the authority for deletion is in the general order if deletions have never occurred and should it be removed from the general order. Chief Liston stated once the CPRB submits a final recommendation he would have discussions with the City Attorney's office on those recommendations for change. Legal Counsel Ford advised the Board that requesting the authority to review video would require an amendment to the ordinance as the powers of the Board come from the ordinance. The Board currently has two broad categories of power 1) to review complaints that are filed and 2) review and make recommendations about changes to police policies, practices and procedures. CPRB March 9, 2021 DRAFT Selmer stated his main concern has been that the Chief had sole discretion for deletion of video however, if the deletion authority is removed from the general order it would be a moot point. Selmer suggested amending the draft recommendation to remove authority for deletion. He would then like to wait to see how the Chief responds once the final recommendation is submitted. 2) Discipline Selmer asked if the Board had any comments regarding recommendations listed under discipline. He stated this was a draft and can be amended as needed. Nichols stated she was comfortable with what was drafted, however she felt it should be a stronger consequence for intentionally turning off a camera and suggested that "be subject to" is changed to "should result" in suspension or termination. Chief Liston asked Selmer for clarification as to the section in the draft recommendation that refers to;" if any employee did not activate or improperly shut off a recording device, it shall be presumed that employee did so intentionally". Selmer explained the intent was to place the burden of proof on the officer. He felt if an officer shut off their camera in the middle of a situation, they would need to have a good justified reason for doing so. Chief Liston stated he had questions over the part where it stated, "does not activate". He explained there are certain scenarios where this could happen such as when an officer jumps out of their car to handle a rapidly evolving situation and doesn't hit the button and noted that there is a distinction of not activating versus intentionally turning off. Selmer agreed that would be a case where there should be no presumption of intentionally not activating a recording device and suggested removing the language referring to "did not activate an in car or body camera". The board agreed to have Nichols and Selmer make amendments to the recommendations as discussed and submit a revised draft to be reviewed by the board at the next meeting. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 13, 2021, 5:30 PM, Electronic Zoom Meeting • May 11, 2021, 5:30 PM, Electronic Zoom Meeting • May 17, 2021, 5:30 PM, Community Forum Electronic Zoom Meeting June 8, 2021, 5:30 PM, Electronic Zoom Meeting • July 13, 2021, 5:30 PM, Electronic Zoom Meeting EXECUTIVE SESSION Motion by Townsend, seconded by Nichols to adjourn into Executive Session based on Section 21.5{1 }(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are CPRB March 9, 2021 DRAFT made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, McDaniel absent. Open session adjourned at 6:20 P.M. REGULAR SESSION Returned to open session at 7:39 P.M. Motion by Selmer, seconded by Townsend to set level of review for CPRB Complaints #20-02, 20-05,20-06,20-07,20-08 to 8-8-7(B)(1 )(b), Interview/meet with complainant and 8-8-7(B)(1 )(d), Request additional investigation by Police Chief or City Manager, or request police assistance in the Board's own investigation. Motion carried, 4/0, McDaniel absent. Motion by Selmer, seconded by Townsend requesting a deadline extension for the filing of the Public report with the City Council on Complaints #20-02,20-05,20-06,20-07,20-08 to 90 days from the receipt of the Police Chief's additional investigation report. Motion carried, 4/0, McDaniel absent. ADJOURNMENT Motion for adjournment by Selmer, seconded by Nichols Motion carried, 4/0, McDaniel absent. Meeting adjourned at 7:41 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR. 2020 - 2021 (MeetingDate 5112/20 619120 7/14/20 8/18/20 918120 9/21/20 10/15/20 10/23/20 11/10/20 1218120 12/22/20 1112/21 219121 319121 NAME FORUM Monique X X ------ Galpin Jerri O X X X X X O/E X X X X X X MacConnell Latisha O X X X O/E X X X X X X X X O/E McDaniel Amanda X X X X X X X X O/E X X X Nichols David X X X O/E X X X X X X X X X X Selmer Orville X X X X X X X X X X X X X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting -- = Not a Member Draft COMMUNITY POLICE REVIEW BOARD MINUTES — March 26, 2021 Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-19. CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: Chair David Selmer called the meeting to order at 6:05 p.m. Jerri MacConnell, Amanda Nichols (6:06 pm), Orville Townsend Latisha McDaniel Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford None OTHERS PRESENT: None EXECUTIVE SESSION Motion by Selmer, seconded by MacConnell to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, McDaniel, Nichols absent. Open session adjourned at 6:05 P.M. REGULAR SESSION Returned to open session at 6:21 P.M. ADJOURNMENT Motion for adjournment by Selmer, seconded by MacConnell Motion carried, 4/0, McDaniel absent. Meeting adjourned at 6:21 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2020 - 2021 (Meeting Date) 6/9/20 7/14/20 8/18/20 9/8/20 9/21/20 10/15/20 10/23/20 11/10/20 12/8/20 12/22/20 1/12/21 2/9/21 3/9/21 3/26/21 NAME FORUM Monique X ------ Oalpin Jerri O X X X X X O/E X X X X X X X MacConnell Latisha X X X O/E X X X X X X X X O/E O McDaniel Amanda X X X X X X X X O/E X X X X Nichols David X X O/E X X X X X X X X X X X Selmer Orville X X X X X X X X X X X X X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting -- = Not a Member Date of Issue March 29.2021 Effective Date March 29.2021 Reevaluation Date March 2024 C.A.L. E.A. 17.1.1917.2.1 17.2.2,17.3.1,17.4.1-17.4.3,17.5.1-17.5.3 INDEXAS: ADM 09.1 FISCAL MANAGEMENT General Order Number 07- 03 Section Code ADM- 09 Amends / Cancels Reference Fiscal Management Budget Emergency p Expenditures �? �• 1. PURPOSE '+ ..wKny.i hr . ..1 yNM i The purpose of this order is to establish policy and procedure related to Departmental budgeting, accounting and fiscal control procedures. co II. POLICY It is the policy of the Iowa City Police Department to conduct all fiscal matters of the agency in accordance with the established controls and procedures of the City of Iowa City and applicable Iowa law. ADM 09.2 III. DEFINITIONS Fiscal Year —July 1 through June 30 of each year. Appropriation —Money allocated to the Police Department to spend for authorized purposes, such as for personnel services, operating expenses, capital outlay, etc. Encumbrance — A commitment in the form of a purchase order, contract, salary, or similar item that will become payable when goods are delivered or services rendered. Unencumbered Balance —That part of an appropriation or allotment that has not been committed and is thus available for expenditure. IV. PROCEDURES A. FISCAL MANAGEMENT AUTHORITY AND RESPONSIBILITY 13 Ca 1. The Chief of Police is responsible for the fiscal management of the Police Department. 2. The City Finance Department is responsible for supervising the fiscal management of all City Departments and for maintaining accurate and thorough records of all financial transactions. 3. The Chief of Police, in cooperation with the City Manager, will annually prepare and submit an operating and capital budget for the Department, subject to the review and approvalaof the City Council. FISCAL MANAGEMENT FUNCTION The Chief of Police may delegate part or all of this duty to other departmental personnel. Generally, all aspects of the budget process, including e-,b monitoring of budget expenditures, will be performed by t e ,,,.,Division Commanders under the Chiefs guidance and control..1 BUDGET PREPARATION • ly N rt1.11� 1 _ The Department budget will be prepared on an annual basis and will 'be developed in cooperation with all organizational components and command staff. 2. The Department's budget requests will be prepared and submitted via the City's financial software system. The City Manager will review the requests and based on overall financial direction provided by the City Council, recommend a budget for the Police Department. Al E. F. ADM 0 9.3 BUDGET RECOMMENDATIONS 1. The Division Commanders will monitor and evaluate their Division's budget areas for problems and/or deficiencies. They are responsible for making recommendations for adjustments during the annual budget preparation. 2. The Division Commanders will address fiscal objectives in regard to their specific program areas in their annual budget request forms. This will be submitted to the Chief of Police. 3. Each year the City Finance Department will publish a budget calendar stating due dates for review of budget requests. ACCOUNTING SYSTEM — (MONTHLY STATUS REPORTS} 1. Each month, the Chief of Police will receive a current status report from the Administrative Assistant that details the following: a. Description and initial appropriation for each line item budget amount. b. Total expenditures and encumbrances made from the beginning of the fiscal year to date. c. Current unencumbered balance. d. Percentage of each account spent. EMERGENCY EXPENDITURES / FUND TRANSFERS 1. In unanticipated situations, where it is determined by the City Manager there is an immediate threat to the public safety or welfare, the Chief of Police may obtain immediate approval from the City Manager for emergepy, expenditures or emergency rental agreements, i.e., additional equipmenf,` {gsUppHes, etc. Also, see the City of Iowa City Purchasing Procedures Manual; 'Empt gency Procurement Section.; 2. The Chief of Police may also request, from the City of low4^.,a, , ty Finance+ Department, budget transfers be made from one budgetary area 0"* another to compensate for emergency expenditures, i.e., additional funds for ovartime expended due to an emergency situation. 3. The City also maintains a contingency in the general fund annually for unanticipated expenditures for all general government programs including public safety. ADM 09.4 G. INDEPENDENT AUDIT 1. The City of Iowa City Finance Department arranges for a comprehensive independent audit of all City accounts each year by contracting with an independent auditing firm. H. EQUIPMENT REQUISITIONS AND PURCHASES 1. All purchases of equipment, supplies, etc., will follow the procedures set forth in the City of Iowa City Purchasing Procedures Manual, to include the minimum; a. Specifications for items requiring standardized purchases; b. Bidding procedures; c. Criteria for selection of vendors and bidders. d. All computer equipment, software and services need pre -approval from ITS. 2. General guidelines a. Requests for expenditures up to $1500 may be approved by the Commander of Field Operations or Administrative Services. All requests for expenditures over $1500 will be forwarded through the chain of command to the Chief of Police or designee for approval. b. After the Chiefs approval, all purchasing requests will be submitted to the City Finance Department to ensure that the items requested are budgeted and the funds are available. This part of the process includes review of all requests by the City's purchasing agent, the attainment of any necessary comparative prices, and if required by the poligy; the submission of a completed purchase order to the City "Manager for approval. :• f' w J. Maintenance of Cash Funds 1. The department shall maintain various cash accounts in orderzlb perform specific duties. Maintenance and record keeping�of eq hh cash account shall be assigned to one employee in the division+ with functional responsibility for the account. The employee shall submit quarterly reports to the commander of support service for review. 2. All cash funds will follow the procedures set forth in the City of Iowa City's Receipts/Deposits Policy, Starting Change Policy, and the Petty Cash Policy. ADM 09.5 3. A cash account reporting form/ledger shall be utilized to report quarterly cash account activities. The cash account reporting form shall include a balance sheet indicating initial balance, credits (cash income received), debits (cash disbursed), and the ending balance. 4. The review of quarterly cash account reporting shall include a review of all credits, debits, and verification of the ending balance in the account. 5. Receipts or other documentation shall be created for the acceptance or disbursement of any cash. 6. The chief of police shall authorize any cash expenditure in excess Of $15000.00. 7. Authorized employees of divisions that manage cash accounts are allowed to disburse cash as necessary to complete transactions in which the department is accepting fees. Disbursement of funds through shall be limited to making correct change during a transaction. Any other disbursement of funds through the accounts managed must have supervisor approval. 8. An employee must have supervisor approval to disburse cash from the investigation expense fund. t..,. 7 9. Only employees authorized to administer the alcohol and--tobY cco compliance checks shall have the authority to disperse o"ash f6t the purpose alcohol and tobacco compliance.;_ 10. Authorized Cash Accounts.`�.,r A. Communications Station masters may receive cash for the payment of parking tickets after normal business hours. Cash payment is allowed in two instances; first as a result of a vehicle being impounded and payment for the parking ticketls prior to the vehicle being released, and second, payment of parking tickets for vehicles on the tow list, discovered in violation, to prevent them from being towed. In instances where an individual is claiming their vehicle that has been impounded and parking ticketls have been issued (either as a result of an impound or an amount from the tow list), the cash payment is to be noted on the bottom of the impound report. The pink copy of this report will be placed with the cash in a sealed envelope and placed in the locked ADM 09.6 parking ticket box. Parking and Finance Divisions will insure that the cash and the amount due for the released vehicle are the same. In instances where parking tickets must be paid to avoid a vehicle from being impounded, station masters are to fill out the City of Iowa City carbon receipt book. Additional information documented on the form will include the vehicle's license plate information and parking ticket number (when known). The amount due would be the amount listed on the tow list. The cash along with the yellow copy will be put into a sealed envelope and placed in the locked parking ticket box. The customer will be given the original copy. The Police Department will retain the pink copy. Parking and Finance Divisions will insure that the cash and the amount due for the released vehicle are the same. There may be instances where payment for some commodity is received at the front desk. When this happens, station masters are to document the cash sale on a City of Iowa City carbon receipt book. The yellow copy, along with the cash, will be placed in a sealed envelope and forwarded to the Administrative Coordinator. The Administrative Coordinator will verify the amount and direct a cash deposit to the appropriate account. On a quarterly basis, the deposits are to be matched with the copies of the receipts on file and a report and a report will be filed with the Captain of Support Services documenting all transactions and receipted cash for that period. fer`ar � lest' � } Mr. ,ye�e.Ne, �� '. lf' .Je 'al. { B. Records M14M-eY � 'fri 1 Record Technicians may take cash/check payments for various reports and documentation for which'' a`. „chafge is made. When cash is received for an item, the ar�Ount �jll be entered into the cash register and money placed into the -cash drawer. The cash register will print a receipt for the cusfamer as well as keep a record of the total amount of cash/transactions that are housed in the drawer. On a weekly basis, a report documenting the total receipts for the week will be run and matched with the cash in the drawer. Accumulated revenue and a copy of the register receipt will be deposited the Finance Department on a weekly basis. The Finance Department will verify the amount and issue a receipt. On a quarterly basis, deposits are to be matched with the copies of the receipts on file from the cash register with and a report will be filed with the Captain of Support Services documenting all transactions and receipted cash for that period. The cash drawer will be locked at all times the Records Division is not open for service. ADM 09.7 C. Animal Services The Animal Care and Adoption Center may collect fees for services and merchandise. Each time a cash/check payment is received, a computerized receipt will be generated identifying the service/merchandise and the amount received. The transaction will be entered into the cash register where the money is stored and a running record of monies received is documented. At the end of each business day, the cash register will be closed out and all monies counted (less $100 for making change) and placed into a locked bank deposit bag along with the completed deposit slip. The locked bank deposit bag will then be placed into a drop safe. The following business day, the animal service supervisor, or their designee in case of absence, will reconcile daily cash, check, and credit card transactions, Deposits will be made with the Finance Department who confirms the reconciliation. on a quarterly basis, a report will be filed with the Captain of Support Services documenting all transactions and receipted cash for that period. D. Investigations The Investigations Commander may maintain the following 3 cash funds: Investigative funds: These budgeted funds are used by the Department for the purchase of evidence, payment of cooperating individuals, and alcohol/tobacco stings. These funds will be audited yearly by the Captain of Support Services. Iowa City Police department Restitution Fund: These funds are accumulated by court order from defendants to pay restitution to the Iowa City Police Department for unrecovered buy money used from an Iowa City fund. These funds are used for the purchase of evidence and payment to cooperating individuals. These funds will be audited yearly by the Captain of Support Services./� �M... •W r w yf,Y1M.1 ' Johnson County Drug Task Force Restitution FuThose funds are accumulated by court order from def Otntstq pay restitution to the Iowa City Police Department for.'1 `"mn ' '" " �r�recovered� ""' "1 buy money used from a Johnson County Drug T.8:kFore fund. These funds are used for the purchase ofr6*en,,.e and x . payment to cooperating individuals by the Task,,Force. These funds will be audited yearly by the Captain of Support Services. The Investigations Commander will maintain a ledger for these funds. Money from these funds may be distributed to ADM 09.8 members of the Department and the Johnson County Drug Task Force for investigation purposes. On a quarterly basis, a report will be filed with the Captain of Support Services documenting all transactions for that period. Members of the Department and Johnson County Drug Task Force will maintain a ledger for any funds received. On a quarterly basis, a report will be filed with the Captain of Administrative Services documenting all transactions for that period. These funds will be audited yearly by the Captain of Support Services. Dustin Liston, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ,�,.i AIM• �� 4kF1'+61F � l+y. YY+YI � w1 1 1 � 1 M •� iI - F .i41'M •,Y F' F � YI� rIM11M1y ,,� REDLINE VERSION Red highlights are deletions Green highlights are additions ADM 09.1 FISCAL MANAGEMENT Date of Issue General Order Number March 29, 2021 07- 03 Effective Date Section Code March 29, 2021 ADM- 09 'i Reevaluation Date � Amends /Cancels March 2024 C.A. L. E.A. 17.1.1917.2.1 Reference 17.2.2.17.3.1.17.4.1-17.4.3.17.5.1-17.5.3 INDEXAS: Fiscal Management Budget Emergency Expenditures I. PURPOSE The purpose of this order is to establish policy and proce'dilro rested to Departmental budgeting, accounting and fiscal control procedures-.--;;,, .... � . qW II. POLICY It is the policy of the Iowa City Police Department to conduct all fiscal matters" of the agency in accordance with the established controls and procedures of the City of Iowa City and applicable Iowa law. ADM 09.2 III. DEFINITIONS Fiscal Year— July 1 through June 34 of each year. Appropriation — Money allocated to the Police Department to spend for authorized purposes, such as for personnel services, operating expenses, capital outlay, etc. Encumbrance — A commitment in the form of a purchase order, contract, salary, or similar item that will become payable when goods are delivered or services rendered. Unencumbered Balance — That part of an appropriation or allotment that has not been committed and is thus available for expenditure. IV. PROCEDURES A. FISCAL MANAGEMENT AUTHORITY AND RESPONSIBILITY 1. The Chief of Police is responsible for the fiscal management of the Police Department. 2. The City Finance Department is responsible for supervising the fiscal management of all City Departments and for maintaining accurate and thorough records of all financial transactions. 3. The Chief of Police, in cooperation with the City Manager, will annually prepare and submit an operating and capital budget for the Department, subject to the review and approval of the City Council. B. FISCAL MANAGEMENT FUNCTION The Chief of Police may delegate part or all of this duty to otheCdepadmenta-1 personnel. Generally, all aspects of the budget process, includ�g e�'Anstant ' th monitoring of budget expenditures, will be performed by'. �,Ihe �1 Division-.r- Commanders under the Chief s guidance and control.` M ly�• T .i!t:!k C. BUDGET PREPARATION 1. The Department budget will be prepared on an annual basis and will be developed in cooperation with all organizational components and command staff. 2. The Department's bud et re uests will be pre ared and submitted on forms Ovid The City Manager will review the requests and based on overall financial direction provided by the City Council, recommend a budget for the Police Department. D. BUDGET RECOMMENDATIONS E. F. ADM 09.3 1. The Division Commanders will monitor and evaluate their Division's budget areas for problems and/or deficiencies. They are responsible for making recommendations for adjustments during the annual budget preparation. 2. The Division Commanders will address fiscal objectives in regard to their specific program areas in their annual budget request forms. This will be submitted to the Chief of Police. 3. Each year the City Finance Department will publish a budget calendar stating due dates for review of budget requests. ACCOUNTING SYSTEM — (MONTHLY STATUS REPORTS) 1. Each month, the Chief of Police will receive a current status report from ttr�:Elljr an etai�►n�` that details the following: a. Description and initial appropriation for each line item budget amount. b. Total expenditures and encumbrances made from the beginning of the fiscal year to date. c. Current unencumbered balance. d. Percentage of each account spent. EMERGENCY EXPENDITURES /_FUND TRANSFERS 1. In unanticipated situations, where it is determined by the City Manaer tore is an immediate threat to the public safety or welfare, the Chief of Polic "� ay obtain immediate approval from the City Manager for emergency expen Tres or emergency rental agreements, i.e., additional equipment,rlies,;�.tc. Also, see the City of Iowa City Purchasing Procedures Manual".,.,- erg'hcy Procurement Section. 2. The Chief of Police may also request, from the City of Iowa City Finance Department, budget transfers be made from one budgetary area to another to compensate for emergency expenditures, i.e., additional funds for overtime expended due to an emergency situation. 3. The City also maintains a contingency in the general fund annually for unanticipated expenditures for all general government programs including public safety. ADM 09.4 G. INDEPENDENT AUDIT 1. The City of Iowa City Finance Department arranges for a comprehensive independent audit of all City accounts each year by contracting with an independent auditing firm. H. EQUIPMENT REQUISITIONS AND PURCHASES 1. All purchases of equipment, supplies, etc., will follow the procedures set forth in the City of Iowa City Purchasing Procedures Manual, to include the minimum; a. Specifications for items requiring standardized purchases; b. Bidding procedures; c. Criteria for selection of vendors and bidders. 2. General guidelines a. Requests for expenditures up to $1500 may be approved by the Commander of Field Operations or Administrative Services. All requests for expenditures over $1500 will be forwarded through the chain of command to the Chief of Police or designee for approval. b. After the Chiefs approval, all purchasing requests will be submitted to the City Finance Department to ensure that the items requested,.,,are budgeted and the funds are available. This part of the process inci modes review of all requests by the City's purchasing agent, the 6`n�in meet of any necessary comparative prices, and if required by thy,. pplicy.Ahe submission of a completed purchase order to the City Manbgefor approval. r a R J. Maintenance of Cash Funds 1. The department shall maintain various cash accounts in order to' perform specific duties. Maintenance and record keeping of each cash account shall be assigned to one employee in the division with functional responsibility for the account. The employee shall submit quarterly reports to the commander of support service for review. All fLirios will folfow the procedures set forth ill VNe City Of 10WA ity's Receipts/Deposits Policy. Starting Change Policy, and the Petty Cash Policy. ADM 09.5 3. A cash account reporting form/ledger shall be utilized to report quarterly cash account activities. The cash account reporting form shall include a balance sheet indicating initial balance, credits (cash income received), debits (cash disbursed), and the ending balance. 4. The review of quarterly cash account reporting shall include a review of all credits, debits, and verification of the ending balance in the account. 5. Receipts or other documentation shall be created for the acceptance or disbursement of any cash. 0. The chief of police shall authorize any cash expenditure in excess of $11000.00. 7. Authorized employees of divisions that manage cash accounts are allowed to disburse cash as necessary to complete transactions in which the department is accepting fees. Disbursement of funds through shall be limited to making correct change during a transaction. Any other disbursement of funds through the accounts managed must have supervisor approval. 8. An employee must have supervisor approval to disburse cash from the investigation expense fund. 0. Only employees authorized to administer the alcohol and tobacco compliance checks shall have the authority to disperse cash for the purpose alcohol and tobacco compliance.. 10. Authorized Cash Accounts A. Communications" „ t ylyw ► Station masters may receive cash for the paymehtr+af pacing °' tickets after normal business hours. Cash payment is allowed in two instances; first as a result of a vehicle being impounded and payment for the parking tickets prior to the vehicle being released, and second, payment of parking tickets for vehicles on the tow list, discovered in violation, to prevent them from being towed. In instances where an individual is claiming their vehicle that has been impounded and parking tickets have been issued (either as a result of an impound or an amount from the tow list), the cash payment is to be noted on the bottom of the impound report. The pink copy of this report will be placed with the cash in a sealed envelope and placed in the locked ADM 09.6 parking ticket box. Parking and Finance Divisions will insure that the cash and the amount due for the released vehicle are the same. In instances where parking tickets must be paid to avoid a vehicle from being impounded, station masters are to fill out the City of Iowa City carbon receipt book. Additional information documented on the form will include the vehicle's license plate information and parking ticket number (when known). The amount due would be the amount listed on the tow list. The cash along with the yellow copy will be put into a sealed envelope and placed in the locked parking ticket box. The customer will be given the original copy. The Police Department will retain the pink copy. Parking and Finance Divisions will insure that the cash and the amount due for the released vehicle are the same. There may be instances where payment for some commodity is received at the front desk. When this happens, station masters are to document the cash sale on a City of Iowa City carbon receipt book. The yellow copy, along with the cash, will be placed in a sealed envelope and forwarded to the Administrative Coordinator. The Administrative Coordinator will verify the amount and direct a cash deposit to the appropriate account. on a quarterly basis, the deposits are to be matched with the copies of the receipts on file and a report and a report will be filed with the Captain of Support Services documenting all transactions and receipted cash for that period. B. Records Record Technicians may take cash/check pa ymeAs for various reports and documentation for which`-, r,, harge is made. When cash is received for an item, the a °o:� nt wif l be entered into the cash register and money placed t -therash drawer. The cash register will print a receipt for tlTb, "ustomer as well as keep a record of the total ;,a i ourrj' of cash/transactions that are housed in the drawer. Qt��' we:, kly basis, a report documenting the total receipts for the weekr w�ill be run and matched with the cash in the drawer. Accumulated revenue and a copy of the register receipt will be deposited the Finance Department on a weekly basis. The Finance Department will verify the amount and issue a receipt. on a quarterly basis, deposits are to be matched with the copies of the receipts on file from the cash register with and a report will be filed with the Captain of Support Services documenting all transactions and receipted cash for that period. The cash drawer will be locked at all times the Records Division is not open for service. ADM 09.7 C. Animal Services The Animal Care and Adoption Center may collect fees for services and merchandise. Each time a cash/check payment is received, a computerized receipt will be generated identifying the service/merchandise and the amount received. The transaction will be entered into the cash register where the money is stored and a running record of monies received is documented. At the end of each business day, the cash register will be closed out and all monies counted (less $100 for making change) and placed into a locked bank deposit bag along with the completed deposit slip. The locked bank deposit bag will then be placed into a drop safe. The following business day, the animal service supervisor, or their designee in case of absence, will reconcile daily cash, check, and credit card transactions. Deposits will be made with the Finance Department who confirms the reconciliation. on a quarterly basis, a report will be filed with the Captain of Support Services documenting all transactions and receipted cash for that period. D. Investigations The Investigations Commander may maintain the following 3 cash funds: Investigative funds: These budgeted funds are used by the Department for the purchase of evidence, payment of cooperating individuals, and alcohol/tobacco stings. These funds will be audited yearly by the Captain of Support Services. Iowa City Police Department_ Restitution Fund: These funds are accumulated by court order from defendants to;,pays: restitution to the Iowa City Police Department for u'nr- cov d buy money used from an Iowa City fund. These fu`fids�arqb used for the purchase of evidence and payment to-voperating individuals. These funds will be audited yearly by the Captain of Support Services. Johnson County Drug Task Force Restitution Fund: Theses':° funds are accumulated by court order from defendants to pay restitution to the Iowa City Police Department for unrecovered buy money used from a Johnson County Drug Task Force fund. These funds are used for the purchase of evidence and payment to cooperating individuals by the Task Force. These funds will be audited yearly by the Captain of Support Services. The Investigations Commander will maintain a ledger for these funds. Money from these funds may be distributed to ADM 0 9.8 members of the Department and the Johnson County Drug Task Force for investigation purposes. on a quarterly basis, a report will be filed with the Captain of Support Services documenting all transactions for that period. Members of the Department and Johnson County Drug Task Force will maintain a ledger for any funds received. on a quarterly basis, a report will be filed with the Captain of Administrative Services documenting all transactions for that period. These funds will be audited yearly by the Captain of Support Services. Dustin Liston, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. Ye�w`r'1 ,n M,IMIwa rq A arow, 1 .r yrs•' � Y � •+ �'in� W �i Fw} �k�l QPS-01.1 COMMUNICATIONS PROCEDURE Original Date of Issue General Order Number December 20, 1989 189-05 Effective Date of Reissue Section Code March 29, 2021 1 OPS-01 Reevaluation Date March 2024 Amends C.A. L. E.A. Reference 81.1 , 81.2 see "INDEX As: 1 INDEX AS Clear Text Communications Procedures Joint Communications' Use of Radios PURPOSE �M The purpose of this order is to establish policy to address operational rocedqre!g�*-"ith PrP P Y P P the Joint Emergency Communications Center (JECC). I. Policy: Radio communications Procedure" The Iowa City Police and Fire Departments have combined with several area agencies to form the Joint Emergency Communications Center. JECC serves as the emergency communications system for the City of Iowa City. JECC has its own governing body separate from the City of Iowa City known as the Joint Emergency Communications Services Association Policy Board (JECSA). The City of Iowa City shall have two (2) permanent members on the JECSA board. II. Procedure: General A. The Support Services division shall have primary responsibility and control of communications and communication equipment for the department. CAPS-61.2 B. The department's radio operations will be conducted in accordance with the Federal Communication Commission's (FCC) procedures and requirements at all times. A copy of the FCC's current rules and regulations shall be available to department personnel through JECC. C. JECC shall provide the Iowa City community with twenty-four (24) hour toll free voice and TDD telephone access system for emergency calls for service. D. JECC shall establish policy for obtaining and recording the following information for each call for service or self -initiated activity: 1. Control number/Call for Service (CFS) number. 2. Date and time of request. 3. When possible, name and address of complainant. 4. Type of incident. 5. Location of incident. 6. Identification of officers assigned as primary and backup. 7. Time of dispatch. 8. Time of arrival. 3. Time of officer return of service. 10. Disposition or status of reported incident. E. JECC personnel shall be informed of the supervisor or officer in charge and all assigned patrol officers at the beginning of every patrol shift. All officers assigned shall be considered active unless JECC is informed of a change in status. F. The office of the Chief of Police shall ensure that JECC has an updated roster including telephone contact information for all current departs personnel. 15) G. JECC shall maintain a current Ian or data on the following: p g 1. Maps detailing the department's service area 2. A written procedure and telephone numbers for procuring emergencynd necessary external services for the department. 3. A tactical dispatching plan. H. JECC shall establish an incident interview technique to be utilized by communications personnel when responding to calls for service. The interview shall determine if the call for service is an emergency or non -emergency. Regardless of the type of call, communications personnel shall inform the caller of the department's response to include direct department assistance or referral to another agency or service provider. I. The department shall maintain victim and witness assistance and referral information on a 24-hour basis through JECC and through personal response by police officers. 1. Communication personnel shall make a determination, based upon the scope of the call for service, if the victim or witness needs direct OPS-a1.3 emergency medical service (EMS) and/or physical police response or referral. If either the EMS or police are needed, communications personnel will promptly dispatch appropriate personnel. In cases of a referral, referral lists are maintained at JECC and agency contact phone numbers shall be kept updated. 2. To ensure the timely and appropriate attention to needs, Communications personnel and Station Masters shall respond to victim/witness requests for information and/or service including initial and subsequent requests. 3. If physical police response is necessary, the responding officer shall determine whether overt police actions such as written reports, notifications, arrests or transportation are required or if the need exists for other types of assistance or intervention (e.g. contact with Rape Victim Is Advocacy Program (RVAP), Community Crisis Services and Food Bank, DVIP, or the Mobile Crisis Unit/CIT). J. The department provides and utilizes alternate methods of communication to ensure effective, efficient and proper communication between employees. Methods of alternate communication include cellular telephones and email. 1. Upon hire, employees are assigned an email account through the city t0 be used in day-to-day business operations of the department. Department employees shall adhere to the City of Iowa City email and internet usage policy and procedures, 2. The Chief of Police may assign cellular telephones to employees when a valid mission -related purpose exists. While cellular telephones can be used in lieu of radios and strict adherence of radio procedures is not mandatory, employees must be professional with their communications. Employees that are issued a department cellular telephone"Ahall here to the City of Iowa City cellular telephone policy and proce°d-oiis. III. Procedure: Recordingsa. A. All communications occurringon the two-way radios stem and an td['e h�v'ne Y Y Y p line answered by JECC shall be recorded. The recording system shall allows for the immediate play back of the recording while continuing t0 record any additional communications. B. JECC shall establish the manner in which the records are securely handled and stored, and the length that the records are maintained. The procedure for destruction for each record set shall also be defined. All federal and state regulations related to the maintenance of these records shall be followed. All recordings shall be maintained for a minimum of thirty (30) days. A supervisor may request in writing that a specific official recording be maintained for a longer period of time, the request shall identify the time frame to be maintained. C. Official Recordings: Official recordings are copies of the original recordings maintained and distributed specifically by JECC staff. Request for official recordings should be made, in writing, to the JECC dispatch shift supervisor. • ' ' 110 Requests from the department for official recordings shall be made by a supervisor. When appropriate, official recordings shall be entered as evidence. When utilized as evidence in a criminal case, official recordings may be released upon request to the prosecuting attorney's office with jurisdiction. Official recordings entered as evidence shall be released pursuant to records policy and state law as established in chapter 9 section 82.1.1(Records) of the Operations Manual. Official recordings may be released to media and other outside entities upon the approval of the Chief of Police. D. Recordings shall only be reviewed for official purposes (e.g. procedural review, complaint investigation). When a recording is needed for a complaint investigation that may result in suspension, demotion, or termination, it shall be an official recording as described above. IV. Procedure: Criminal Justice Information Systems A. All officers and other employees required to access the Iowa and the National Crime Information Center (NCIC) criminal justice information system shall maintain proper certification as required. The Support Services division shall maintain all needed records to verify employees have met the standards of each system including initial certification, periodic recertification as required, and updating approved user access. B. Criminal justice information systems contain confidential information. All employees shall be responsible for knowing and understanding the rules and regulations that govern the use and distribution of this information and will be held accountable for failure to comply with said rules and regulations. C. The Criminal Justice Information Services (CJIS) produces a comprE iensive security policy to establish a minimum set of security requirements %6,faccess to FBI CJIS divisions stems and information and to protect and"�f904 . Sd criminal justice information. The department shall adopt this security po1roy a shall adhere to the requirements therein. The CJIS security policy I I.I,,,b"rovided to all personnel in the appendix of the Operations Manual.�,�::.,: D. The department shall establish the following positions to complyµ'wiAth t ,CJIS security policy. The positions shall assume all roles and requirements a-!§ established in the CJIS security policy. 1. Terminal Agency Coordinator (TAC): The TAC serves as the paint -of - contact at the department for matters relating to CJIS information access. The TAC administers CJIS systems programs within the department and oversees the department compliance with CJIS systems policies. The TAC position for the department shall be a designated Station Master. 2. Local Agency Security Officer (LASO): Due to the technical nature of the duties of the LASO, the Department's System Analyst shall assume this role. The LASO shall have the fallowing responsibilities: a. Identify who is using the state of Iowa Technology Services Bureau approved hardware, software, and firmware and ensure no unauthorized individuals or processes have access to the same. b. Identify and document how the equipment is connected to the state OPS-01.5 system. G. Ensure that personnel security screening procedures are being followed as stated in this policy. d. Ensure the approved and appropriate security measures are in place and working as expected. e. Support policy compliance and ensure the state of Iowa Technology Services Bureau is promptly informed of security incidents. V. Procedure: Radio Communications A. When on duty, all officers shall be assigned a portable two-way radio that allows direct communication with JECC. B. All police owned vehicles utilized for enforcement activity shall be equipped with a mounted two-way radio system that allows communication with JECC. Exceptions may be granted for vehicles assigned to task force officers as they may be operating under a different communication system or the vehicle may be utilized for undercover operations. C. Each radio shall have an emergency alarm that when activated will send an alert to communications personnel. The emergency alarm shall be activated by an officer when they encounter a dangerous situation in which they need immediate backup and are unable to communicate due to the situation. When an emergency alarm is activated, communications shall immediately follow their policy and procedures (JECC SOP 6.37). An emergency alarm activated by an officer shall be handled with the highest priority. D. Each officer shall be assigned a radio identification number to be utilized during all radio communications.. ' ijicers E. When on -duty, patrol offshall primarily utilize the two-way race cysM �in to inform communications personnel of their status. This allows corrirx,,ica V ns and other officers to remain cognizant of the officer's activity and ciRrnt status. Officers may also utilize a mobile data terminal or a cell phbna,to inform communications and other officers of their status. Officers 6uiiji'e w. a. patrol may utilize the two-way radio system when appropriate to inform communications of their actions. All officers shall be required to notify communications personnel of any type of enforcement activity and shall have a two-way radio system immediately accessible when taking action. Officers working covert and undercover assignments are exempt from this requirement. F. The department uses plain language as their communication protocol. All transmission will be courteous and professional in nature. At no time shall profanity be used on the radio. O. Employees shall be reminded that all radio communications and mobile data information can become public record according to Iowa Code. H. Officers shall keep communications advised of their status following their arrival at calls of unknown or possibly dangerous circumstances. C� 1 1. only pertinent or emergency information shall be transmitted on the two --way radio system. J. Officers shall keep their portable radios on when away from vehicle or station based radios unless the situation warrants otherwise (e.g. bomb threat, officer safety, etc.). K. officers shall keep communications aware of their status. This shall include but is not limited to the following: 1. Upon initiating police action. 2. On arrival and at completion of an assignment. 3. During lunch periods and breaks. 4. When out of service for any reason. L. officers and communications personnel shall not argue or contest assigned calls. 1. If there is a problem, the involved personnel shall contact their supervisor. 2. When there is an issue that needs corrective action, it shall be handled by the supervisor. Sensitive matters shall be handled over the telephone or in person. M. Call assignments may be altered by the supervisor based on information, need, and staffing. officers not specifically assigned to a call shall refrain from including themselves. If further assistance is needed, communications personnel or the supervisor will assign backup units. N. officers shall monitor other agencies radio communications as designated by their supervisor while performing routine patrol duties. O. In the event of a major crime or medical emergency a specific chatvralsliwl be restricted to use for that incident. Anytime an officer is responding,.!,to-16 dangerous situation radio use shall be restricted to emergency coJri�tb,"Oni ation g � g Y i only. Officers shall notify dispatch when the situation has been resolyd the channel can be cleared for normal traffic. Consideration should be'jv n f the use of an encrypted event channel when possible. C:) P. Officers shall use the following procedures when stopping a motor vehicle: 1. Upon stopping a vehicle, an officer shall notify communications by giving their radio number and advising "traffic." They shall stand by until acknowledged by a dispatcher before giving further information. 2. The officer shall then give license number of vehicle, his/her location. The officer may also want to include the vehicle color, year, make, model and number of occupants. Communications shall run a wanted check of the vehicle after being advised of the license number. 3. After making contact with the occupants of the vehicle, if the officer feels the situation is under control, they shall advise communications they are "Code 4" After an officer gives their status as "Code 4" the dispatcher will follow JECC protocol to periodically check his/her welfare. OPS-01.7 Q. When an officer anticipates being out of radio contact, they must notify communications of their location and the reason for leaving. Communications must be able to reach the officer at all times. If radio communication is not possible, the officer may utilize a cellular phone to keep communications informed. Officers working covert and undercover assignments are exempt from this requirement, however, they must have the ability to summon assistance from other officers working with them and JECC shall be made aware of the general location and type of the operation. R. Officers and communications personnel have access to other agencies via statewide LEA, mutual aid, and other local radio channels. Use of other channels by officers shall be limited to emergency or urgent communications. Proper radio procedure shall be followed when using other channels. S. The department shall maintain a system to insure interoperability between the city of Iowa City radio system and the JECC system. VI. Procedure: Terminal Access and Server Access Protection A. All computers that access criminal justice information shall be located inside the Police Department, or inside Police owned vehicles. No computer terminals should directly face a window or opening that will allow the public to view the information displayed on the screen at any time. If visitors are inside the building they should be restricted from viewing any CJIS data on computer terminals or in paper form. Unauthorized users should not be allowed access to any computer that contains or has access to criminal justice information. B. Computer terminals that are not attended 24 hours a day shall be secure„t&hen not in use, computer terminals should be locked and when possible, offic& doors remain closed and locked when not in use. A» C. Mobile computers and laptop computers should always be position6d,fthat , any non -certified personnel will not have access to view informatior�'6 n�ithe screen. No computer terminal should be left open and unattended a�'= ter, b F . locking the desktop should be utilized when leaving the workspace f any reason. VII. Server Access Protection Servers that hold Police shared and personal files are located in Tower place. Access shall be gained by a security badge controlled by City of Iowa City ITS. Systems inside the room shall be secured behind a chain link fence to prevent unauthorized access to network gear and hardware. All users with access to the room shall pass either City of Iowa City or Johnson County background check prior to gaining access. Backup tapes shall be locked inside City of Iowa City Information Services Division. All sites shall be monitored by video surveillance. VIII. CJIS Security Incident Reporting and Handling A. Assessment of Threat OPS-01.8 If the ITS division is notified of a situation that could be a threat to data, physical infrastructure, or user account and which could lead to compromised data they will first asses if the threat has been blocked by security measures currently in place by either software or hardware devices. If the threat is legitimate but blocked and prevented access the user account password shall be changed as a preventative measure and no further action or reporting is necessary. If the threat has infected hardware inside the Iowa City Police Department and is a credible threat the action steps below will be put into place. B. Response to Credible Threat If the threat is deemed legitimate and has infected any hardware inside the Iowa City Police Department the Information Services staff shall do the following: - Notify the LASO — Systems Analyst for ICPD of the threat. Immediately disconnect the affected hardware from the City of Iowa City network. - Reset the user account as a preventative measure. The affected hardware in use at the time will be examined to try and determine the source or reason for the threat. A report will be provided by Information Services to be kept on file by the LASO. When the review is complete it will be determined if the hard drive needs to be replaced, formatted, or over written. Once that process is completed the machine will be imaged with a standard and tested OS. Virus scan definitions and necessary updates to the hardware will take place and the hardware will be returned to service. The only variation to the above process is the VMware view environment. It utilizes a non -persistent desktop environment so every time that user logs out of a machine the operating system is destroyed and a new machine is created. This removes the concern of a machine that has been compromised lingering for an extended period. i'•+ M.yM If there is a chance that malicious code was used to access sensitive data1he LM 8o will contact the Iowa Department of Public Safety to notify them of the event. ' iw f W 'W✓ IX. Procedure: Mobile computers µ t A. The mobile computer supplements the existing JECC two-way voice radio system. The mobile computer is not intended to replace two-way voice radio communications. The mobile computer is intended to be used for sending and receiving information, making and/or receiving routine inquiries and receiving supplemental information, thus allowing the voice channels to be more available for high priority traffic. The mobile computer may also be used to access the department's records and CAD systems. B. Department personnel using the mobile computer shall be aware that messages sent on the system may be public records according to Iowa state law. Messages shall be restricted to business use. No personal messages shall be sent. No OPS-01.9 obscene, improper, or off-color language will be used in the messages. Officers shall not allow unauthorized users to access their mobile computers. C. It shall be prohibited to do any of the following actions on the mobile computer: 1. Send messages that may be construed as threatening or intimidating. 2. Unless it is incidental to an investigation, or as part of an official inquiry/response or report, send images that contain nudity, or to send images or words of a sexually suggestive nature, even if the recipient has consented or requested such material. 3. Send jokes or comments that tend to disparage a person or group because of race, ethnicity, national origin, religion, gender, sexual orientation, age, or mental or physical disability. 4. Send messages in any other inappropriate manner. 5. Use another employee's computer ID and password. D. All usage of the mobile computer to access the IOWA or NCIC systems will be governed by the IOWA and NCIC system's rules and regulations. E. Any installation of software or modification of existing software on the mobile computer shall adhere to the City of Iowa City ITS policies. F. All calls for service shall be dispatched by voice and may also be sent by computer. Mobile computers shall be utilized by officers for inquiries, to send administrative messages, to complete needed reports, or to access and update the Department's records and CAD systems. G. Officers should perform their own status changes (arrive, busy, available, complete) on their mobile computer. They will continue to use the radio system to -- alert other officers and supervisors of their change in status. �" H. All officers should query their own driver license, registration and nrErran unless circumstances require a verbal request.,, ,ysh..M 1 I. When able, officers shall obtain all incident times and numbers bym"0,bile,y computer. Officer shall be responsible for entering the call narrative and disposition unless unable to do so. J. When the mobile computer system is down, all activity shall revert back to the two-way voice radio system. K. Officers shall practice good officer safety techniques. Do not allow operation of the mobile computer to reduce situational awareness, especially in cases involving violators or suspects. L. Caution shall be exercised when operating the mobile computer when the vehicle is moving. If the operation can be done in a safe manner, an officer may operate the mobile computer while the vehicle is moving. When operation of the mobile computer requires more than a few key strokes or the touching of the computer screen, the officer shall pull over at a safe location to perform the task. OPS- X. Procedure: Response to Calls for Service: A. One unit will generally be dispatched to handle routine calls for service. The nature of some calls, however, may require additional units for purposes of safety and effectively handling the call. Under most circumstances, two (2) or more units will initially be dispatched in the following instances: 1. Officer calling for help or an activation of an emergency alert. 2. Alarms. 3. Suspicious persons/circumstances. 4. Domestic disturbances. 5. Any call involving a weapon. 6. Crimes in -progress. 7. Any call that poses a risk to the officer. 8. Any call where, in the judgment of a supervisor, additional units are needed. B. Supervisors may use their discretion when responding to calls; however, there are circumstances that require the presence of a patrol supervisor for the purpose of assuming command. These incidents shall include but not be limited to: 1. Officer calling for help, assaulted, or an activation of an emergency alert (not including false alerts). 2. Death Investigations 3. Natural or man-made disasters. 4. Hostage/barricaded subject. 5. Injured officers. 6. Fatal or potentially fatal accidents. , 7. Accidents involving department vehicles or department employe`§. 8. Incidents where a forced entry is necessary. . 9. Vehicle and foot pursuits " p NN) 10. Shootings or stabbings. 11. Use of Force involvingTaser, OC or injury to subject or o' ! ff i r...+-a .fi •- M .iM..r.w S a ^r wWMFM XI. Procedure: Enteringinformation into Iowa NCIC syste� , , mii A. Station Masters shall be responsible for entry and removal of all information into the Iowa and NCIC computerized data systems for the Iowa City Police Department. B. When meeting Iowa/NCIC system requirements for entry, officers taking a report in which a vehicle, article, gun, or security have been reported stolen shall request the on -duty Station Master to enter said item. When an item is entered in the Iowa/NCIC system, officers are required to document the entry in the narrative section of the incident. C. When meeting departmental and Iowa/NCIC system requirements for entry, officers taking a report on a missing person shall be required to immediately forward the information to the on -duty Station Master for entry of the missing person in the Iowa/NCIC system. The on -duty Station Master shall ensure there is an immediate entry into the system. D. Arrest warrants are entered by a Station Master after receiving them from the Clerk of Court and the Records Section. E. When an item or missing person is located and requires removal from the Iowa/NCIC system, the officer responsible for the recovery shall notify the on duty Station Master to remove the entry by providing a supplemental report requesting the removal. The officer shall also submit the supplemental report to the main case file. When the on -duty Station Master is notified by another agency that an item or person has been located, the officer/investigator assigned the case shall be notified and be responsible for producing a supplemental report requesting the removal with copies to the on -duty Station Master and the main case file. F. on a monthly basis, the State of Iowa shall produce a validation report for the department on all outstanding entries into the Iowa/NCIC system entered for the Iowa City Police Department. on -duty Station Masters shall be responsible for researching said entries for validation. When it is discovered that an item or person is no longer valid for entry in the Iowa/NCIC system, the Station Master shall remove the entry and produce a supplemental report stating it has been removed. Dustin Liston, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civi proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -part) claims. Violations of this directive will only form the basis for departmental administrative sanctions. w . � � rw+►N- �� n N 4 IM.M9M. few 4 � . j .I i .w�tirr REDLINE VERSION Red highlights are deletions Green highlights are additions Original Date of Issue December 20, 1989 Effective Date of Reissue March 29, 2021 Reevaluation Date March 2024 C.A.L. E.A. 81.14 81.2 INDEXAS Clear Text Communications Procedure Joint Communications Use of Radios OPS-01.1 RA01U COMMUNICATIONS PROCEDURE General order Number 89-05 Section Code OPS-01 Amends Reference (see "INDEX AS:" PURPOSE The purpose of this order is to establish policy to address operational procedures with the Joint Emergency Communications Center (JECC). I. Policy: Radio Communications Procedure a` 4 The Iowa City Police and Fire Departments have combined with several<* �a encies to form the Joint Emergency Communications Center. JECC serves as 1-he""embq. enc communications system for the City of Iowa City. JECC has its own governing body separate from the City of Iowa City known as the Joint Emergency Communicalons Services Association Policy Board (JECSA). The City of Iowa City shall have two 2 permanent members on the JECSA board. II. Procedure: General A. The Support Services Division shall have primary responsibility and control of communications and communication equipment for the department. GPS-01.2 B. The department's radio operations will be conducted in accordance with the Federal Communication Commission's (FCC) procedures and requirements at all times. A copy of the FCC's current rules and regulations shall be available to department personnel through JECC. C. JECC shall provide the Iowa City community with twenty-four (24) hour toll free voice and TDD telephone access system for emergency calls for service. D. JECC shall establish policy for obtaining and recording the following information for each call for service or self -initiated activity: 1. Control number/Call for Service (CFS) number. 2. Date and time of request. 3. when possible, name and address of complainant. 4. Type of incident. 5. Location of incident. 6. Identification of officers assigned as primary and backup. 7. Time of dispatch. 8. Time of arrival. 9. Time of officer return of service. 10. Disposition or status of reported incident. E. JECC personnel shall be informed of the supervisor or officer in charge and all assigned patrol officers at the beginning of every patrol shift. All officers assigned shall be considered active unless JECC is informed of a change in status. F. The office of the Chief of Police shall ensure that JECC has an updated roster including telephone contact information for all current department personnel. G. JECC shall maintain a current plan or data on the following: 1. Maps detailing the department's service area p , .,, of 2. A written procedure and telephone numbers for procuring emer6 ncy and necessary external services for the department. ; -m 3. A tactical dispatching plan. '` W FW H. JECC shall establish an incident interview technique to be utilized by communications personnel when responding to calls for service. The interview shall determine if the call for service is an emergency or non -emergency. Regardless of the type of call, communications personnel shall inform the caller of the department's response to include direct department assistance or referral to another agency or service provider. I. The department shall maintain victim and witness assistance and referral information on a 24--hour basis through JECC and through personal response by police officers. 1. Communication personnel shall make a determination, based upon the scope of the call for service, if the victim or witness needs direct OPS-o1.3 emergency medical service (EMS) and/or physical police response or referral. if either the EMS or police are needed, communications personnel will promptly dispatch appropriate personnel. In cases of a referral, referral lists are maintained at JECC and agency contact phone numbers shall be kept updated. 2. To ensure the timely and appropriate attention to needs, Communications personnel and Station Masters shall respond to victim/witness requests for information and/or service including initial and subsequent requests. 3. If physical police response is necessary, the responding officer shall determine whether overt police actions such as written reports, notifications, arrests or transportation are required or if the need exists for other types of assistance or intervention (e.g. contact with Rape Victim's Advocacy Program RVAP , CommUnity Crisis Services and Food Bank, my Fa um-rmanuse srve,�, or the Mobile Crisis Unit/CIT). J. The department provides and utilizes alternate methods of communication to ensure effective, efficient and proper communication between employees. Methods of alternate communication include cellular telephones and email. 1. Upon hire, employees are assigned an email account through the city to be used in day-to-day business operations of the department. Department employees shall adhere to the City of Iowa City email and internet usage policy and procedures. 2. The Chief of Police may assign cellular telephones to employees when a valid mission -related purpose exists. While cellular telephones can be used in lieu of radios and strict adherence of radio procedures is opt mandatory, employees must be professional with their communic0ons. Employees that are issued a department cellular telephonEEihall adhere to the City of Iowa City cellular telephone policy and proced:�,r M µ M III. Procedure: Recordingsa A. All communications occurring on the two-way radio system and any telephone line answered by JECC shall be recorded. The recording system shal���t"�allowl@r the immediate play back of the recording while continuing to record any additional communications. B. JECC shall establish the manner in which the records are securely handled and stored, and the length that the records are maintained. The procedure for destruction for each record set shall also be defined. All federal and state regulations related to the maintenance of these records shall be followed. All recordings shall be maintained for a minimum of thirty (30) days. A supervisor may request in writing that a specific official recording be maintained for a longer period of time, the request shall identify the time frame to be maintained. C. Official Recordings: Official recordings are copies of the original recordings maintained and distributed specifically by JECC staff. Request for official OPS-91.4 recordings should be made, in writing, to the JECC dispatch shift supervisor. Requests from the department for official recordings shall be made by a supervisor. When appropriate, official recordings shall be entered as evidence. When utilized as evidence in a criminal case, official recordings may be released upon request to the prosecuting attorney's office with jurisdiction. official recordings entered as evidence shall be released pursuant to records policy and state law as established in chapter 9 section 82.1.1(Records) of the operations Manual. Official recordings may be released to media and other outside entities upon the approval of the Chief of Police. D. Recordings shall only be reviewed for official purposes (e.g. procedural review, complaint investigation). When a recording is needed for a complaint investigation that may result in suspension, demotion, or termination, it shall be an official recording as described above. IV. Procedure: Criminal Justice Information Systems A. All officers and other employees required to access the Iowa and the National Crime Information Center (NCIC) criminal justice information system shall maintain proper certification as required. The Support Services division shall maintain all needed records to verify employees have met the standards of each system including initial certification, periodic recertification as required, and updating approved user access. B. Criminal justice information systems contain confidential information. All employees shall be responsible for knowing and understanding the rules and regulations that govern the use and distribution of this information and will be held accountable for failure to comply with said rules and regulations. C. The Criminal Justice Information Services (CJIS) produces a comprehensive security policy to establish a minimum set of security requirements for access to FBI CJIS division systems and information and to protect and safeguard,K,criminal justice information. The department shall adopt this security policy ands all adhere to the requirements therein. The CJIS security policy shad#, b,.e provided to all personnel in the appendix of the operations Manual. . . 11 4 ' D. The department shall establish the followingpositions to comply p p y -1 the. JIS security policy. The positions shall assume all roles and requirer.es a established in the CJIS security policy. �'�" ,f 4 1. Terminal Agency Coordinator (TAC): The TAC serves as the point -of - contact at the department for matters relating to CJ IS information access. The TAC administers CJIS systems programs within the department and oversees the department compliance with CJIS systems policies. The TAC position for the department shall be a designated Station Master. 2. Local Agency Security Officer (LASO): Due to the technical nature of the duties of the LASO, the Department's System Analyst shall assume this role. The LASO shall have the following responsibilities: a. Identify who is using the state of Iowa Technology Services Bureau approved hardware, software, and firmware and ensure no unauthorized individuals or processes have access to the same. OPS-01.5 b. Identify and document how the equipment is connected to the state system. C. Ensure that personnel security screening procedures are being followed as stated in this policy. d. Ensure the approved and appropriate security measures are in place and working as expected. e. Support policy compliance and ensure the state of Iowa Technology Services Bureau is promptly informed of security incidents. V. Procedure: Radio Communications A. When on duty, all officers shall be assigned a portable two-way radio that allows direct communication with JECC. B. All police owned vehicles utilized for enforcement activity shall be equipped with a mounted two-way radio system that allows communication with JECC. Exceptions may be granted for vehicles assigned to task force officers as they may be operating under a different communication system or the vehicle may be utilized for undercover operations. C. Each radio shall have an emergency alarm that when activated will send an alert to communications personnel. The emergency alarm shall be activated by an officer when they encounter a dangerous situation in which they need immediate backup and are unable to communicate due to the situation. When an emergency alarm is activated, communications shall immediately follow their policy and procedures (JECC SOP 6.37). An emergency alarm activated by an officer shall be handled with the highest priority. D. Each officer shall be assigned a radio identification number to be utilized during all radio communications. Y E. When on -duty, patrol officers shall primarily utilize the two-way ra djo system to inform communications personnel of their status. This allows corn ..I" nicalions and other officers to remain cognizant of the Officer's activity and ��cwrent° status. Officers may also utilize a mobile data terminal or a cell p,`... toy inform communications and other officers of their status. Officers-outsidebf patrol may utilize the two-way radio system when appropriate to i ifo,,fm communications of their actions. All officers shall be required to notify= communications personnel of any type of enforcement activity and shall have a two-way radio system immediately accessible when taking action. Officers working covert and undercover assignments are exempt from this requirement. F. The department uses plain language as their communication protocol. All transmission will be courteous and professional in nature. At no time shall profanity be used on the radio. G. Employees shall be reminded that all radio communications and mobile data information can become public record according to Iowa Code. H. Officers shall keep communications advised of their status following their arrival at calls of unknown or possibly dangerous circumstances. OPS-o 1.b 1. Only pertinent or emergency information shall be transmitted on the two-way radio system. J . officers shall keep their portable radios on when away from vehicle or station based radios unless the situation warrants otherwise (e.g. bomb threat, officer safety, etc.). K. Officers shall keep communications aware of their status. This shall include but is not limited to the following: 1. Upon initiating police action. 2. On arrival and at completion of an assignment. 3. During lunch periods and breaks. 4. When out of service for any reason. L. Officers and communications personnel shall not argue or contest assigned calls. 1. If there is a problem, the involved personnel shall contact their supervisor. 2. When there is an issue that needs corrective action, it shall be handled by the supervisor. Sensitive matters shall be handled over the telephone or in person. M. Call assignments may be altered by the supervisor based on information, need, and staffing. officers not specifically assigned to a call shall refrain from including themselves. If further assistance is needed, communications personnel or the supervisor will assign backup units. N. officers shall monitor other agencies radio communications as designated by their supervisor while performing routine patrol duties. o. In the event of a major crime or medical emergency a specific channel sli be restricted to use for that incident. Anytime an officer is responding",''"' espondingw, dangerous situation, radio use shall be restricted to emergency comrat . ini6ition F only. Officers shall notify dispatch when the situation has been resolved the channel can be cleared for normal traffic. Consideration should be g,en for the use of an encrypted event channel when possible. '} P. Officers shall use the following procedures when stopping a motor vehicle: 1. Upon stopping a vehicle, an officer shall notify communications by giving their radio number and advising "traffic." They shall stand by until acknowledged by a dispatcher before giving further information. 2. The officer shall then give license number of vehicle, his/her location. The officer may also want to include the vehicle color, year, make, model and number of occupants. Communications shall run a wanted check of the vehicle after being advised of the license number. 3. After making contact with the occupants of the vehicle, if the officer feels the situation is under control, they shall advise communications they are "Code 4" After an officer gives their status as "Code 4" the dispatcher will follow JECC protocol to periodically check his/her welfare. OPS-o 1.7 Q. When an officer anticipates being out of radio contact, they must notify communications of their location and the reason for leaving. Communications must be able to reach the officer at all times. If radio communication is not possible, the officer may utilize a cellular phone to keep communications informed. Officers working covert and undercover assignments are exempt from this requirement, however, they must have the ability to summon assistance from other officers working with them and JECC shall be made aware of the general location and type of the operation. R. officers and communications personnel have access to other agencies via statewide LEA, mutual aid, and other local radio channels. Use of other channels by officers shall be limited to emergency or urgent communications. Proper radio procedure shall be followed when using other channels. S. The department shall maintain a system to insure interoperability between the city of Iowa City radio system and the JECC system. VI. Procedure: Terminal Access and Server Access Protection A. All computers that access criminal justice information shall be located inside the Police Department, or inside Police owned vehicles. No computer terminals should directly face a window or opening that will allow the public to view the information displayed on the screen at any time. If visitors are inside the building they should be restricted from viewing any CJIS data on computer terminals or in paper form. Unauthorized users should not be allowed access to any computer that contains or has access to criminal justice information. B. Computer terminals that are not attended 24 hours a day shall be secured when not in use, computer terminals should be locked and when possible, office doors remain closed and locked when not in use. C. Mobile computers and laptop computers should always be positioned so that any non -certified personnel will not have access to view information on the screen. No computer terminal should be left open and unattended, -,at any time, locking the desktop should be utilized when leaving the workspace for. any reason. oil w' M"+kn Vil. Server Access Protection Servers that hold Police shared and personal files are located in Tower piece. Access shall be gained by a security badge controlled by City of Iowa City' S. Systems inside the room shall be secured behind a chain link fence to prevent unauthorized access to network gear and hardware. All users with access to the room shall pass either City of Iowa City or Johnson County background check prior to gaining access. Backup tapes shall be locked inside City of Iowa City Information Services Division. All sites shall be monitored by video surveillance. VIII. CJIS Security Incident Reporting and Handling A. Assessment of Threat {BPS-01.8 If the ITS division is notified of a situation that could be a threat to data, physical infrastructure, or user account and which could lead to compromised data they will first asses if the threat has been blocked by security measures currently in place by either software or hardware devices. If the threat is legitimate but blocked and prevented access the user account password shall be changed as a preventative measure and no further action or reporting is necessary. If the threat has infected hardware inside the Iowa City Police Department and is a credible threat the action steps below will be put into place. B . Response to Credible Threat If the threat is deemed legitimate and has infected any hardware inside the Iowa City Police Department the Information Services staff shall do the following: - Notify the L.ASO — Systems Analyst for ICPD of the threat. - Immediately disconnect the affected hardware from the City of Iowa City network. - Reset the user account as a preventative measure. - The affected hardware in use at the time will be examined to try and determine the source or reason for the threat. -- A report will be provided by Information Services to be kept on file by the LASO. When the review is complete it will be determined if the hard drive needs to be replaced, formatted, or over written. Once that process is completed the machine will be imaged with a standard and tested OS. Virus scan definitions and necessary updates to the hardware will take place and the hardware will be returned to service. The only variation to the above process is the VMware view environment. It utilizes a non -persistent desktop environment so every time that user logs out of a machine the operating system is destroyed and a new machine is created. This removes the concern of a machine that has been compromised lingering for an extended period. ri .F ♦ ,X If there is a chance that malicious code was used to access sensitive ddt� 1,he` �� S{J will contact the Iowa Department of Public Safety to notifythem of the events .FIf1 .ly.FN: 1•. .N.F�M IX. Procedure: Mobile Computers w "* L A. The mobile computer supplements the existing JECC two-way voice radio system. The mobile computer is not intended to replace two-way voice radio communications. The mobile computer is intended to be used for sending and receiving information, making and/or receiving routine inquiries and receiving supplemental information, thus allowing the voice channels to be more available for high priority traffic. The mobile computer may also be used to access the department's records and CAD systems. B. Department personnel using the mobile computer shall be aware that messages sent on the system may be public records according to Iowa state law. Messages shall be restricted to business use. No personal messages shall be sent. No OPS-01.9 obscene, improper, or off-color language will be used in the messages. Officers shall not allow unauthorized users to access their mobile computers. C. It shall be prohibited to do any of the following actions on the mobile computer: 1. Send messages that may be construed as threatening or intimidating. 2. Unless it is incidental to an investigation, or as part of an official inquiry/response or report, send images that contain nudity, or to send images or words of a sexually suggestive nature, even if the recipient has consented or requested such material. 3. Send jokes or comments that tend to disparage a person or group because of race, ethnicity, national origin, religion, gender, sexual orientation, age, or mental or physical disability. 4. Send messages in any other inappropriate manner. 5. Use another employee's computer ID and password twit ho ut that person S permission, D_ All usage of the mobile computer to access the IOWA or NCIC systems will be governed by the IOWA and NCIC system's rules and regulations. E. Any installation of software or modification of existing software on the mobile computer shall adhere to the City of Iowa City ITS policies. F. All calls for service shall be dispatched by voice and may also be sent by computer. Mobile computers shall be utilized by officers for inquiries, to send administrative messages, to complete needed reports, or to access and update the Department's records and CAD systems. G. Officers should perform their own status changes (arrive, busy, available, complete) on their mobile computer. They will continue to use the radio system to alert other officers and supervisors of their change in status. H. All officers should query their own driver license, registration and warrant$ unless circumstances require a verbal request. • mE r,v'_i I. when able officers shall obtain all incident times and numbers b •. `6' i ," y,mobil� computer. Officer shall be responsible for entering the call narrati ,end disposition unless unable to do so.'"' J. when the mobile computer system is down, all activity shall revertb'd& to t p Y he two-way voice radio system. K. Officers shall practice good officer safety techniques. Do not allow operation of the mobile computer to reduce situational awareness, especially in cases involving violators or suspects. L. Caution shall be exercised when operating the mobile computer when the vehicle is moving. If the operation can be done in a safe manner, an officer may operate the mobile computer while the vehicle is moving. When operation of the mobile computer requires more than a few key strokes or the touching of the computer screen, the officer shall pull over at a safe location to perform the task. OPS- X. Procedure: Response to Calls for Service: A. One unit will generally be dispatched to handle routine calls for service. The nature of some calls, however, may require additional units for purposes of safety and effectively handling the call. Under most circumstances, two (2) or more units will initially be dispatched in the following instances: 1. Officer calling for help or an activation of an emergency alert. 2. Alarms. 3. Suspicious persons/circumstances. 4. Domestic disturbances. 5. Any call involving a weapon. 6. Crimes in -progress. 7. Any call that poses a risk to the officer. 8. Any call where, in the judgment of a supervisor, additional units are needed. B. Supervisors may use their discretion when responding to calls; however, there are circumstances that require the presence of a patrol supervisor for the purpose of assuming command. These incidents shall include but not be limited to: 1. Officer calling for help, assaulted, or an activation of an emergency alert (not including false alerts). 2. Death Investigations 3. Natural or man-made disasters. 4. Hostage/barricaded subject. 5. Injured officers. M.R^iYF 6. Fatal or potentially fatal accidents. 7. Accidents involving department vehicles or department r. `y., ees� . pmenemp' : :-nY� 8. Incidents where a forced entry is necessary..-. 9. Vehicle and foot pursuits 10. Shootings or stabbings.' 11. Use of Force involving Taser, OC or injury to subject or offic er. r. XI. Procedure: Entering information into fovea NCIC systems A. Station Masters shall be responsible for entry and removal of all information into the Iowa and NCIC computerized data systems for the Iowa City Police Department. B. When meeting Iowa/NCIC system requirements for entry, officers taking a report in which a vehicle, article, gun, or security have been reported stolen shall request the on -duty Station Master to enter said item. When an item is entered in the Iowa/NCIC system, officers are required to document the entry in the narrative section of the incident. C. When meeting departmental and Iowa/NCIC system requirements for entry, officers taking a report on a missing person shall be required to immediately forward the information to the on -duty Station Master for entry of the missing person in the Iowa/NCIC system. The on -duty Station Master shall ensure there is an immediate entry into the system. D. Arrest warrants are entered by a Station Master after receiving them from the OPS- Clerk of Court and the Records Section. E. When an item or missing person is located and requires removal from the Iowa/NCIC system, the officer responsible for the recovery shall notify the on duty Station Master to remove the entry by providing a supplemental report requesting the removal. The officer shall also submit the supplemental report to the main case file. When the on --duty Station Master is notified by another agency that an item or person has been located, the officer/investigator assigned the case shall be notified and be responsible for producing a supplemental report requesting the removal with copies to the on -duty Station Master and the main case file. F, On a monthly basis, the State of Iowa shall produce a validation report for the department on all outstanding entries into the Iowa/NCIC system entered for the Iowa City Police Department. on -duty Station Masters shall be responsible for researching said entries for validation. When it is discovered that an item or person is no longer valid for entry in the Iowa/NCIC system, the Station Master shall remove the entry and produce a supplemental report stating it has been removed . Dustin Liston, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civi proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -parr claims. Violations of this directive will only form the basis for departmental administrative sanctions. ♦'Mr `!� ,,aaY mow•.. w " •n w 1M a TO: Chief Dustin Liston FROM: Sgt. Paul Batcheller RE: February 2021 Use of Force Review DATE: March 18, 2021 The Iowa City Police Department policy requires an employee to complete a written report for any reportable use of force. Reportable use of force is defined in the Department's General Order 99--05, which is titled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use 6fforce Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a.. certified use of force instructor. The Use of Force Review Committee met on March 17, 2021. It was composed of Sgt. $`atchellVP, Sgt. Rich, and Officer Passmore. �- r ` M For the review of submitted reports in February, the Review Committee documented the following: • 32 individual officers were involved in 19 separate incidents requiring use of force. • There were no documented cases of an officer exercising his/her duty to intervene and the review of the incidents did not indicate that an officer failed their duty to intervene. • Out of the 19 uses of force, 14 involved force being used against people. The other five were animals being euthanized by an officer. • Out of the 32 officers involved in the 14 uses of force against people, no injuries were sustained to officers or suspects. • No violations of policy were noted during this review period. • Out of the 14 uses of force against people, arrests were made nine times (64%). • Mental health was identified by officers as being a factor in four of the uses of force used against persons (29%). • Drugs and/or alcohol was identified by officers as being a factor in nine of the 14 uses of force against persons (64%). • Out of the 14 times force was used on a person, five were identified as White (36%), eight were identified as Black (57%), and one was identified as Unknown (7%). ■ Out of the 19 uses of force, the average number of officers involved in the force was 2. • In total during this time period, the ICPD had 6,871 calls for service with 18 calls for service resulting in force being used 19 times (.27%). It is noted that five of the 19 uses of force involved animals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used February 2021 Occurrences 2021 Year -to -Date Hands-on 8 14 Taser Display 0 0 Taser Discharge 0 i OC Spray Deployment 0 1 Firearms Display 6 g Firearms Discharge 0 0 ASP Striking 0 0 Officer Striking/KickingStriking/Kicking 0 0 Animals Euthanized b Officer 5 7 Special Response Team Callouts 0 0 Vehicle Pursuits 0 0 Officer Injuries 0 0 Suspect Injuries 0 2 Re orts to U.S. DOJ 0 0 Total Use of Force incidents to date equal 31. Total calls for service in the same period equals 13,569. This results in a year-to-date use of force being deployed in .23% of our total year-to-date calls for service. M q- `.y A A w' %.J JM{x*� IOWA CITY POLICE DEPARTMENT ' Use of Force Report February 2021 Watch Date Incident Incident Arrest Force Use d Occurred Number type Made and v/N Officers Involved Day Watch 211 2021000703 Assist N officers assisted the Johnson -- Two other CountySheriffs Office ce with a Officers Agency mental committal order on a (Mental subject in Iowa City. The Health) subject immediately became combative and assaulted a deputy. Two Iowa City officers grabbed onto the subject to prevent him from further assaulting officers and the subject ignored attempts to de-escalate and continued trying to assault and resist officers, so they took the subject to the ground and had to pull his arms behind his back to get him handcuffed. The subject was taken to the police car where he refused to get in, so officers had to pull him into the car. The subject then kicked at the door to preventit from closing and was abto launch himself, .ack out of the car into an �fflic_br both officers took theµgubjedto the ground to regaih_r°dontrq�j then placed him back to tl 'e patrot ca r. The subject waS taken to the hospital for mental health evaluation. No injuries to anyone involved. February 2021 Use of Force Report Evening 2/1 2021000710 Sick or N Injured deer shot and killed by Watch — Injured officer. One Officer Animal Evening 2/1 2021000713 Intoxicated Y An Officer attempted to stop p a Watch — Driver vehicle after witnessing it g Three driving erratically. The driver Officers stopped the vehicle, but then sped Off before the officer could approach and continued driving slowly and weaving all over the road. The officer followed from a safe distance to prevent other traffic from getting too close as they entered into Coralville. Coralville Police were able to get the car stopped and a high -risk stop was initiated. Three Iowa City Officers drew their weapons while assisting Coralville PD while they gave commands for the driver to surrender, which he did without further incident. The driver was then arrested. No injuries to anyone involved. Evening 2/3 2021000763 Sick or N Injured deer. shot A�d killed b y Watch — Injured red office t !. One Officer Animal 4 Day Watch 2/4 2021000775 Mental N Officers:;�espoed -- Three Health subject,'hd `n a mental Officers health crisis . Thee sub edt 1 assault ""of tcF ers by headbuttir�g, scratching, and trying to bite offiddrs. Three officers attempted de- escalation to the non-verbal subject and held his arms and legs to prevent further assaults. Paramedics requested officers assist by securing the subject to a gurney and helping them transport to the hospital. The subject was transported to the February 2021 Use of Force Report hospital for evaluation. No injuries to anyone. Evening 2/9 2021000934 Y Officers responded to a Watch — Y residence for a report of two Three armed subjects. As they Officers and arrived, the two subjects sped Two off in a car, but crashed into a Subjects snow bank nearby and exited the vehicle and took off running. Two officers pursued on foot and caught up to the two subjects. Both officers drew their weapons and a third utilized their K9 to provide emergency cover for the officers as they ordered the subjects to comply. Both subjects complied and were taken into custody with no injuries. Evening 2/13 2021001015 Domestic Y Officers responded to a Watch — Assault residence for a domestic one officer assault. The suspect had just left the residence and was located nearby by an officer. The suspect took off running from the officer and ignored multiple commands to stop. He did eventually stop, but refused to lay on the ground as instructed by t4, officer to prevent the s u s'p ct from being in apbsitior� o assa"oit the officeh-- Th6-bfficer- _,, . pushed th�� sospeat to the w,:.n v ground and and filed bim without incid:ehtor4rijury.'. Hie later com pla' mied of.lbreatliing problems from runr),Y)g, so an ambulance responded and evaluated him. Late Night 2/15 2021001044 Stolen Y Officers located a vehicle that Watch — Vehicle was reported stolen. As they one officer were approaching, the vehicle drove off. Officers performed a high -risk stop on the vehicle February 2021 Use of Force Report and an officer drew their sidearm for their protection and ordered the subjects in the vehicle into custody without incident. No injuries. Late Night 2/16 2021001098 Shots Y Officers responded for reports Watch — Fired of shots fired. Upon arrival, two officers they located a vehicle with the driver's side window broken out and fresh footprints in the snow. They followed the prints and located a subject laying in the snow with blood on his hands. The officers drew their weapons and ordered the person into a position where he could be handcuffed. He was taken into custody and transported to the hospital for treatment of the injuries he received either during the shooting or the subsequent crash all prior to the officers' arrival. No injuries due to the level of force. Day Watch 2/21 2021001199 Domestic Y officers responded to a — two Dispute residence for a domestic officers assault with th& uspect having a knife. *q offices made contact Wth,%e subject in stairwell the residence, -in but he ref u s6d-to cVo a rate w One officer &6`�v°the weapon and the other,a"J' aspr, as they both attempt"d to d�;=�escalate the situation. The t;Ospect refused to cooperate and attempted to flee to the upstairs, so one officer grabbed onto the subject's foot to stop him and both officers then grabbed onto the subject and pulled his arms behind his back to get him arrested. No injuries. February 2021 Use of Force Report Evening 2121 2021001217 Intoxicated Y Officers arrested a person for Watch — Driver OWI and transported him to two officers ICPD for processing. While there, the subject was uncooperative and refused to follow directions. Officers attempted de-escalation techniques, but the subject refused to cooperate and wouldn't stand up to be arrested. Two officers had to grab the subject by his arms and pull him up and push him into the wall to be handcuffed and taken to a police car. No in -uric. Day Watch 2/22 2021001226 Mental N Officers responded to a —two Health school at the request of staff officers after a runaway juvenile showed up there and was being uncooperative. Medical personnel were also on scene due to medical issues with the juvenile. While walking her to the police car, the juvenile tried to walk away so one officer grabbed onto the juvenile's wrist to prevent her from escaping. Paramedics decided she should instead go.in the e ,ambulance and re vested officers assist.1-he juvenile} " onto a gurney,.4so tw-6-officers, grabbed the pyeniltaa ; arms as she tried ,het away and r, they pushed h' r orifo the"_ gurney wKere `sheiwas secured and stopped resisting. Officers made numerous attempts to verbally de-escalate the juvenile. No injuries. Late Night 2/22 2021001238 Mental N Officers responded for a Watch — Health subject suffering a mental February 2021 Use of Force Report three health crisis threatening to officers harm himself with a knife. Officers attempted de- escalation and got the subject to walk toward a police car, but the subject suddenly tensed up and pulled away and became physically resistive to the officers. Three officers held onto the subject and pushed him gently onto the ground to regain control and get him in handcuffs without further incident. No injuries. Late Night 2/23 2021001242 Sick or N Sick/injured raccoon shot and Watch -- Injured killed by officer. one officer Animal Late Night 2/25 2021001322 Intoxicated N Officers responded to an area Watch — Subject outside of a bar after a male one officer was located in medical distress due to alcohol/drug use. At the request of paramedics, an officer helped lift the person onto a gurney, but the subject became alert and continually tried to get up from the gurney. The officer assisted paramedics in holding the person down until transported to the hospital for observation. No injuries. Late Night 2/26 2021001367 Criminal Y Officers responded to a Watch — Trespass residence for a subject who two officers was visiting refusing to leave. Officers attem p�.pd d e- escalationtechn'-tques for several mutes 'Out the subject refused° tot up off a `4couch anda�ve, even wt_h threatened an !O,arrest. TWo}., officers ra$.bthe subj ct} by the arms sa th'eyould pull him off th-d' co u ctTo nd handcuff him. No injuries. February 2021 Use of Force Report Evening 2/27 2021001390 Sick or N Injured deer shot and killed by Watch — Injured officer. one officer Animal Day Watch 2/28 2021001414 Sick or N Sick/injured opossum shot — one Injured and killed by officer. officer Animas i . r. ..M A ,P •'�� s�rM M �1 YW�MM February 2021 Use of Force Report Chris vine From: Carol deProsse <Ionetreefox@mac.com> Sent: Saturday, March 6, 2021 8:06 AM To: *City Council; Geoff Fruin; Community Police Review Board Subject: NYTi mes: I Don't Trust Police Testimony_ I This is interesting, lending credence to why the CPRB needs to be able to strengthen it's powers regarding police testimony. https://www.nytimes.com/2021/03/02/magazi ne/i-do nt-trust-poI ice-testimony-ca n-i-lie-to-get-on-a- 'u .html?referrin Source=articleShare Chris Olney From: David Selmer < david @woodd ucktreefarms.com > Sent: Wednesday, March 31, 2021 1:49 PM To: Chris Olney Subject: Re: FW: Police contact I Meeting packet so it is public record please. Thanks On Wed, Mar 31, 2021 at 1:44 PM Chris Olney <Chris-Olnev@iowa-c> wrote: David, I received this in my email, do you want me to forward it on to the Board as an FYI, or include it in the meeting packet? Thank you, Chris -----original Message ----- From: Joni Bosch <ionideebosch@gmail.com> Sent: Wednesday, March 31, 2021 12:18 PM To: Chris Olney <Ch ris-OI ney@ iowa-citv.org> Subject: Police contact A couple weeks ago I called 911. 1 was on my way to the store and a black woman was sitting on the verge between the sidewalk in the street. She was clearly having a mental health issue and needed help. On my way back from the store she was still sitting there. So I sat a distance away make sure someone came to help. A police car pulled up and I walked up to explain what I had seen. He told me she was having a drug reaction and walked over to her. He remained very calm and was offering her the choice of jail or the hospital. He kept his hands out his his sides and merely moved in front of her when she tried to walk away. Another car pulled up and the policeman got out and clearly knew her. He said he was disappointed in her and she said she was really trying. I watched for a little bit and things remained calm so I started walking away. Although I did keep checking back until I was around the corner. wanted to share this because I think it is a good contrast to too many videos of other police encounters across the US. The Iowa City police used de-escalation. They remained calm. They did not pull guns. They treated this woman like a human being in trouble. I figure if you all need to hear something good once in a while Thankyou Joni Bosch This email is from an external source. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. David Selmer, Owner l � � .,:.� March 25, 2021 CITY OF IOWA CITY 4I0 East Washington Street Iowa City, Iowa 52240-1 SZ6 J3,19) 356-5000 To: The City of Iowa City Community Police Review Board (CPRB) 1319) 356-5009 FAX wwwAaov.ors Re: Update on CPRB Recommendations to the City Council On March 23`4, 2021 the City Council held a special work session to discuss the CPRB's recommendations aimed at enhancing community oversight of the Iowa City Police Department. The City Council expressed their sincere appreciation for the work behind the recommendations, as well as your ongoing efforts to serve the Iowa City oomm unity through your work on the Board. This letter aims to provide you a oomprehensive update on the status of your thirteen recommendations to the City Council. Immediate Updates to the CPRB ordinance With the support of the Iowa City Police Department, the City Council directed staff to prepare an ordinance amendment that addresses the following recommendations (numbers reference the CPRB's December 22, 2020 memo to the City Council): 4. A complainant should have the right to respond to the Fbike Chiefs findings in the thlefs report before the Board shall conduct its investigation, for the Board to consider in their review. 13. The statute of limitations for fling a CPRB complaint shalt be lengthened from 90 days after the alleged misconduct fo 180 days after the alleged misconduct. Staff witl be preparing this ordinanoe change and will ask the CPRB to review the language prior to City Council consideration. Recommendations Requiring Lem[ Analysis and Further City Council Discussion Several items were identified by staff and the City Council as needing legal analysis as to the City's ability to implement given State laws. Those Include: 1. In instances of a sustained misconduct complaint, the Board should be given information about the corresponding discipline and be allowed to indude in the Board report whether the Board finds the discipline reasonable and fair. 2. The Board shall have the Authority to request fhe City Council have a disciplinary hearing when there is a discrepancy between the Board and ChfeflCity Manager opinions on the reasonableness and fairness of proposed discipline for a sustained complaint if the discrepancy persists despite the meeting, the Board may issue a report detailing their disegreement or request City Council conduct an independent disciplinary hearing to decide on the propowd discipline. 3. Amend CPRB Ordinance so that an accused Officer is required to comply with a Board InvesUgation or be disciplined by the ChieflCity Manager ff they faif to fully cooperate. March 24, 2021 Page 2 5. The online database of officer complaints shall be improved to allow for quick searches of complaint history and a computerized risk -management system to anaWe trends. 10. The City shall provide complainants access to a lawyer and social wot*erlmedical professional with trauma awareness training for purposes of assisting complainants throughout the complaint process. — Legal review needed only on access to legal counsel. 12. CPRB complaints should be permitted whether filed anonymously or through third persons with a threshold requirement that the complainant has personal knowledge of the underigdng circumstances alleged In the complaint. In addition to these items, the City Council agreed with the following recommendation but noted that further discussion was warranted before the ordinance change could be drafted. This item will be discussed in conjunction with the above six items when the associated legal review is completed. After Council completes that discussion, a second ordinance change will be pursued addressing recommendation 11, as well as any of the items awaiting legal review that and up moving forward. Recommendation 11 states: 11. Expand membership of the CPRB from fire to seven or nine members, with an emphasis on minority representation and representation from a current or former member of the ICPD or another police policy expert. Recommendations to be Implemented by City Stuff after Further Dialogue with the CPRB The Iowa City Police Department and City Council concurred that the following items can be implemented by City staff after further dialogue with the CPRB. The dialogue will help ensure that the Department has a clear understanding of what information is being requested. Staff may also have some thoughts on additional information that may be of benefit to the CPRB. Those recommendations include: 6. A copy of all complaints of misconduct shall be included in the Police Department's monthly disclosures to the CPRB, including those filed by a community member to the 1CPD. 7. The CPRB shall be provided Frith additional information in the Police Department quarferfy reports to review for certain trends: total number of detained Individuals, demographics of detained individuals, total number of arrested individuals, and demographics of those arrested. Recommendations to be Considered after Further Informatio is Received from the CPRB The City Council Indicated general support for tne toiiowng recommendations, but requested more specific details be developed by the CPRB before proceeding. Those three items include: B. The CPRB should have the authority to hire an independent auditor every f - 2 years to review the Police Department's internal investigation procedures or for immediate procedural issues. — City Council requested that Police Staff review the CALEA accreditation process with the CPRB. With that information, the Council would like to better understand when and how another audit process might be used by the CPRB. If an ordinance amendment is determined to be desired, this item would roll into the aforementioned second March 24, 2021 Page 3 ordinance change along with the member composition and items pending further legal review. 9. The CPRB shall be provided city funding to promote awareness of the CPRB and enhance accessibility to its services# (i.e. outreach, streamed meetings on Pacebook, weba to enhancements, obi -anneal community forums, CPRB contact info printed on all O ftLw Cards, awareness events, and CPRB information provided to each person issued a citation or at the time they are released from custody in the event they were arre&ed) — City Council requested that the CPRB propose an annual budget amount for consideration. 10. The City shall provide complainants access to a lawyer and social worker%edical professional with trauma awareness training for purposes of assisting complainants throughout the complaint process. -- The City Council requested that the CPRB investigate hove the social worker/medical professional services would be secured and provide an estimated cost for such services in the above -mentioned budget request. As previously stated, legal review is needed on the recommendation for access to an attorney. On behalf of the City Council and staff, thank you again for all the efforts behind these recommendations. Police Chief Liston will be prepared to speak with you about recommendations 6 and 7 when you decide to place that item on a future agenda. As always, staff Is willing to assist with other Rems as needed. Feel free to request staff assistance through the Clerk's Mice, Police Chief or me directly. Respectfully, Geoff Fruin City Manager Cc: City Clerk's office City Attorney's office Dustin Liston, Police Chief City Council March 26, 2021 Community Police Review Board % City Clerk 410 E. Washington St. Iowa City, IA 52240 via email (chris-olney@iowa-city.org) In re: Dram Ordinance Dear Community Police Review Board: 1 � � my 4, � a�L Crry OF lowA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 3 56-5030 (3 19) 3 56-SO08 FAX www.icgov.org As the City Manager stated in his March 25 letter, City Council directed staff to prepare an ordinance amendment that addresses recommendations numbered 4 and 13 in the Board's December 22, 2020 memo to City Council. Enclosed for Board review please find a draft ordinance that increases the time period to file a complaint to 180 days and allows a complainant to respond to the Police Chief s report. The ordinance will not be placed on the Council agenda until the Board has completed its review. Sincerely, 5; Susan Dulek Assistant City Attorney Enc Copy wlenc. to: Eleanor M. Dilkes, City Attorney Geoff Fruin, City Manager Dustin Liston, Police Chief Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No, ordinance amending Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," to lengthen the time period to file a complaint and to allow the complainant to respond to the Police Chief s report. r Whereas, Resolution No. 20-159 entitled 'Resolution of ;Jnitial Council Commitments addressing Black Lives Matter Movement and Systemic Racisr6t-' ����he wake of the murder of George Floyd by the Minneapolis Police and calls for action Irom--rp otesters and residents" K contained 17 actions items;f Whereas, the action item in Paragraph 8 was a reqy §t to the Cor `rnpnity Police Review Board (CPRB) for a report and recommendation . regaFding changes to`�t . CPRB ordinance that enhance its ability to provide effective civilian oreight of the ICPD.,.�; �'`: srt�df�s Whereas, the CPRB submitted a list of recommend :to City Council r� �. Imo dated December 22, 2020; `rr..a: Whereas, Council desires to enact two recomme► lotions _ilie others awa'i `legal review and further Council discussion; and.. ` it • e.F;A �'iod to file a complaint from 99 to Whereas, 'is �n the City s in#erect to lengthen the tir r�,. 180 days after the alleged misconduct and to allow a com *Nip ant to respond to the Police Chiefs or City Manager's report, J fl Now, therefore, be it ordained by the OR, jr'Cdu' hcil of the City 6f,,.4bw1a City, Iowa: Section I. Amendments._ 1. Title 81 entitled "Police ff y. R�" ulatit n. s f=' Chapter 81 entitled �_ "Community Police RevJie ' bard" section, '. "entitle '"&inition of Complaint; Complaint " is arl�endedr'by adding the underscore text and deleting the Process an General," :yy strike -through text a ,d lows: {{ D. All complaints to the board must be filed with the City Clerk within one hundred eighty (180) days of the alleged misconduct. 2. Title �;. �r ,, „ �;.f f ::Y ,:. - ent�tte ,.t.". Polk ' ` Regulations, Chapter 8, entitled tj e 5r:^ Poly p "Comm uni 1a+oli�ce�� ��fe�nr Bo��', Section fi, entitled "Police Chiefs Report to Board • City Nlanage's Report 'bbi� S0tior D is amended by adding the underscore text as followsr'�f � D. A copy of the Police yChiefs report to the board shall be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Managers report to the board shall be given to the Police Chief, the complainant, and the City Council, The com0lainant shall have _twenty-one (21) dam respond to the Police Chiefs or Citj"anaoer'. report,, and the Police Chief and City Manager shall have ten 10� days to resoon#3 pl nt's response. The board will grant extensions from these deadlines for cood:use shown. The complainant's resoonse shall be considered part of the complaint, and, the Police Chief's or City Manager's response to the complainant's ■��rirrr i r+r rr•r•�..rr�r�.� ■ res onse shall be considered nart of the Police Chiefs report or City Manager's re ort as those terms are used in Chanter 8. Section ll. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III, Penalties for Violation. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor, Section Ill;_ _Severabi , If any section, provision or part of the ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2021. Mayor Attest: City Clerk Approved by City Attome)(s Office f: t • .'r.r A. �::'r'r ' J E// Af •.fr rF f '�� ' f7 f� �'�. 1 rF DRAFT # 2 recommendation General Order 99-10 (Domestic Violence) COMMUNITY POLICE Review BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5043 March 9, 2021 To: Police Chief Liston From: Community Police Review Board Re: Suggested revision to ICPD General Order 99-10 (Domestic Violence) (IV)(J) Dear Chief Liston: The members of the board respectfully submit the following proposed revision to ICPD General Order 99-10 (Domestic Violence) (IV)(J): The following paragraph should be added at the end of the three prior paragraphs in this subsection - "A law enforcement ' e... %:3 officer's employment shall be terminated if the law enforcement officer or reserve peace officer pleads guilty to or is convicted of a crime constituting a misdemeanor crime of domestic violence or other domestic abuse including other offenses or lesser included offenses stemming from domestic abuse." This is not a policy change as the proposed language is consistent with current with laws for the State of Iowa. However, it is important to the board that this language be included in this section for emphasis and clarification on the policy. Further, inclusion of this language into the General Order will ensure it is the policy of the ICPD even if state law were to be changed. Prepared by CPRB Chair David Selmer OWA CITy r 10 DOM E TIC .9 dor -VIOLENCE �r OLICE Original Date of Issue October 8,1999 Effective Date of Reissue November 20, 2020 Reevaluation Date November 2021 D.A.L. E.A. 1 s2,7# 55.11,19 55,11r3, 55r2a3 INDEXAS: Domestic Abuse Domestic Violence Domestic Violence Deports Domestics No Contact orders Protective orders I. PURPOSE General order Number g9-10 Section Code 0-14 Amends Reference (see "INDEX AS:" OPS-14,1 The purpose of this General order is to establish policy and procedures for officers in response to all domestic violence or domestic abuse calls reported to the Iowa City Police Department. officers shall be expected to do the following: • Afford protection and support to adult and child victims of domestic violence. • Promote the safety of law enforcement personnel responding to incidents of domestic violence. • Establish arrest and prosecution as a preferred means of police response. Complete thorough investigations and effect arrest of the primary physical aggressor upon the establishment of probable cause. • Officers should not arrest a person who acted in self-defense as defined by Iowa Code Secbon 704.3. QPS-14.2 Take appropriate action for any violation of any permanent, temporary, or emergency orders of protection. • Provide victims or witnesses of domestic violence with support and assistance through cooperative efforts with community stakeholders in order to prevent further abuse and harassment or both. POLICY It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest approach in responding to domestic violence. The primary focus shall be on the safety of the victim, officers, and others in proximity of the crime, followed closely by perpetrator accountability. The law enforcement officer should follow all policies and procedures of this ardency to complete a thorough investigation and analysis of the complaint with the goal of arresting the person(s) committing an act of domestic violence and who were not acting in self-defense. III. DEFINITIONS A. "Domestic abuse assault" means an assault, as defined in Iowa Code Section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph "a", "b", RC)% or udn. B. Iowa Code Chapter 236.2: 2. "Domestic abuse" means committing assault as defined in section 706.1 under any of the following circumstances: a) The assault is between family or household members who resided together at the time of the assault. b) The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault. c) The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time. d) The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault. e) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors: The duration of the relationship. The frequency of interaction. Whether the relationship has been terminated. oPS-1 4.3 The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement. A person may be involved in an intimate relationship with more than one person at a time. C. `'Family or household members" means spouses, persons cohabitating, parents, or other persons related by consanguinity or affinity. "Family or household members" does not include children under age eighteen. D. Intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. E. Primary Physical Aggressor. - Officers, shall, with or without a warrant, arrest the primary physical aggressor for domestic abuse assault if upon investigation, including a reasonable inquiry of the victim and other witnesses, if any, the officer has probable cause to believe the assault: b) Resulted in a bodily injury c) was committed with intent to inflict a serious injury d) Involved the use or display of a dangerous weapon in connection with the assault e) Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim. f Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim and causing bodily injury. See Iowa Code section 236.12(2) paragraphs "b", `ic", "Cr, "e", and "1'. Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, otherwise stated predominant aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. The officer's identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely on the absence of visible indications of injury or impairment. A. Discretionary Arrest; officers may, with or without a warrant, arrest a person for domestic abuse assault where an assault has been committed which did not result in any injury to the victim. OPS-'I 4.4 F. Pro -Arrest Response: The expectation that officers shall arrest a person unless there is a clear and compelling reason not to arrest (such as a self- defense determination or lack of probable cause). Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall arrest offenders in cases of domestic assault not resulting in injury to the victim unless all of the following conditions are met: a. The officer believed the victim has suffered no injury b. There is no indication further abuse will tale place c. No weapons were used or displayed d. The circumstances of the case suggest that neither justice nor domestic abuse prevention would be served by an arrest, and e. The decision not to arrest is reviewed and approved by a supervisor on duty. IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Officer Approaching the scene B. C icer Responsibility at the scene C. Enforcement of No -contact 1 Protective Orders D. Written Reporting E. Notification of Rights F. Follow-up Investigation l Domestic violence Invest;gator O. victim Safety and Protection H. Hostage situations I. Officer Training J. Officers Charged with Domestic Abuse A. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately With due consideration of the information available and coordinate their approach. Two officers should be dispatched to any domestic call -three officers' is p referred . 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (see "protective orders" section below.) 3. Remain alert for suspect leaving the scene. B. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a domestic abuse incident, they shall: QFS-14.5 1. Approach the scene safely, and in an alert manner. 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. when permission is freely and voluntarily given by either party, a search of the premises may occur. 3. when entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. 4 Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force C10) 6. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See seizure of Weapons, Iowa Code Chapter 800.) Iowa Code section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off d uty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 0. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10. Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary physical aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either i OPS-14.6 both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. if probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13.If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOS of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14. Collect and record evidence, including torn clothing, broken objects, etc. 15. Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general disarray, etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. 16. When an arrest causes a children) to be without a primary caretaker, Department of Human services shall be contacted immediately to determine an appropriate caretaker. Officers, are responsible for the care of children until such time they are relieved of this obligation by DHS. 17. Upon filing out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOS, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. 18.Officers should follow the guidelines in SOG 18-08 when dealing with involved parties that have limited English proficiency, are deaf, or hard of hearing. C. ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS Violation of a no -contact order or protective order shall be vigorously enforced. If an officer has reason to believe that domestic abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four hour dispatcher to inquire if any prior orders exist. OPS- 14.7 If an officer has probable cause to believe that a person has violated a no - contact f protective order the officer shall arrest the person. If an officer has probable cause to believe that a person has violated a no - contact protective order and the officer is unable to arrest the person, the officer p shall issue a warrant of arrest as soon as possible and before the end of the duty day. D. WRITTEN REPORTING Officers shall complete reports for all cases involving current or past intimate or domestic relationships. Officers shall also complete a report where elements of stalking or potential risk to the victim, their family, or the public are reported to the police department. Written reports should be factual, specific and clear so as to present an accurate portrayal al of the domestic abuse incident. written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa city Police Incident Report pp � Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the Department's domestic abuse investigator. Officers shall make a good faith effort to utilize the Ontario Domestic Assault Risk Assessment (ODARA) when applicable. If an arrest is made, the ODARA shall be completed prior to the defendant's initial appearance and officers shall include the ODARA score (e.g. ODARA = 4) in the affidavit portion of the criminal complaint. If the officer fails to record the score on the complaint and the p I complaint is submitted, the officer shall write the score on the original complaint at the jail, and subsequently ensure the same writing on all other copies of the the n1 complaint. Reports will include the documentation of use and scores fro p ODARA. Reports will, at a minimum, contain narratives which will include the following information 1. Full names of parties involved, including dates of birth of the suspect and victim 2, Address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying CPS-14.3 3. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. The relationship of the victim and suspect 5. Location of the assault 8. Whether no contact orders are known to exist 7. A description of the scene 8. Weapons used 9. Whether a 9-1-1 call was received 10. Documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim 12. Whether they received medical treatment 13.An indication of whether the victim was presented their rights 14. Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15.If the officer is aware of pending domestic charges, note that fact in the narrative 16. If the in -car or body -cam recording system was activated 17. Care should be taken by officers to ensure that location information for the victim subsequent to the offense is not contained in police reports. If the victim suffered restriction of the airway or blood flow during the assault, an officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation Supplemental Report." E. NOTIFICATION OF RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights (Domestic Abuse Notification of Rights form) and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. F. FOLLOW-UP INVESTIGATIONS / DOMESTIC VIOLENCE INVESTIGATOR All domestic abuse reports shall be completed by the end of the officer's duty day and forwarded to the Domestic Violence Investigator (DVI) for follow up. The DVI shall perform follow up investigations on all domestic abuse cases in Iowa City. The DVI shall attempt to make contact with the victim in each case and may further the initial investigation by gathering additional evidence, conducting any follow up interviews, obtaining the 911 dispatch call recording, obtaining medical records, taking follow up photos, and completing any other tasks as necessary. The DVI will also conduct risk assessment and safety OPS-14.9 planning tannin on a case by case basis. The DVI will work with the Johnson county Attorney's Office to assist with prosecution as needed. The DVI should conduct in person follow ups if possible, especially with strangulation charges, and subsequent offender cases. The DVI will be a member of Coordinated community Response Teams (CCRT's)and will provide meaningful participation where efforts are aimed at reviewing and revising local policies and procedures to reflect current realities and needs in the community, and reducing domestic violence related homicides. The DVI will be a member of the Domestic Abuse Response Team (DART) and will work in cooperation with the Domestic Violence Intervention Program (DVIP), and other victim services in the community to provide service, support, safety, and advocacy to victims of domestic abuse. The DVI will also be a member of the Domestic Abuse Investigation Team (DAIT) joined with the county attorney's office and other local law enforcement agencies. The DVI will additionally complete, on time, all necessary performance reports and submit any required grant applications in a manner and quality which will earn the continuance of grant funding provided to the city of Iowa city for the position. G. VICTIM SAFETY AND PROTECTION 1. Officers shali work with community resources and advocacy agencies to connect victims and their children with appropriate services. 2. The officer designated as principal contact for the victim, shall inform the victim of confidentiality policies and their limitations, and ensure that confidentiality is maintained throughout the case. 3. All officers shall be aware of possible victim/witness intimidation or coercion and the increased danger when the victim leaves an abusive partner. The designated principal contact shall assist the victim and children in safety planning and caution the victim to be alert to stalking activities. 4. If an officer suspects intimidation or coercion of the victim/witness is occurring, the officer shall prepare a written report to be delivered •f immediately to the investigator in charge of the case through the chain o command. a. In order to determine whether the victim/witness is being intimidated or coerced, the investigator in charge shall seek out secondary sources of information. b. Given the possibility that a victim will recant or choose not to participate in court proceedings, supplemental evidence shall be sought out and preserved. H. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO the watch commander I supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to Oi S- ! 4. 1 V strategy for resolution of the call. special Response Team (SRT) and/or Crisis Negotiation Team (CNT) protocol and personnel may determine this strategy. I. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Laver Enforcement Academy, the Iowa city Police Department wi I i routinely offer training in regard to domestic abuse. Training will be provided by both in-house staff, as well as utilizing outside authorities as available. J. OFFICERS CHARGED WITH DOMESTIC ASSAULT Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa city Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer of this or any other law enforcement agency, in or out-of-state, is identified as a suspect, the watch commander / supervisor will be immediately notified. If the person arrested / suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionaily, the watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the {office of the Chief of Police. Denise Erotherton, Interim Chief of Police CAPS-14.11 WARNING . directive is for de artmental use only and does not apply in any criminal or civil This dire p proceeding.p The department policy should not be construed as a creation of a higher standard of safe or care in an evidentiary sense with respect to third -party legal s claims. Violations of this directive will only fora the basis for departmental administrative sanctions. Draft #2 recommendation General Order 99-08 (Body Worn Cameras and In -Car Recorders) COMMUNITY POLICE Review BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5043 March 9, 2021 To: Police Chief Liston From: Community Police Review Board Re: Suggested revision to General Order 99-08 (BODY WORN CAMERAS and IN -CAR RECORDERS) Dear Chief Liston: The members of the board respectfully submit the following proposed revision to ICPD General Order 99-09. Revisions are denoted in red and underlined text. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will OPS-12.10 be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. anly the Chief of Police may authorize the deletion of any in car video recordings or body camera recordings, and only after the Chief has determined that any video to be deleted was unintentionally captured, invasive or private, and not pertinent to any case or inquiry, and only after a member of the CPRB has reviewed the video and concurred with the Chief determination. The Chief shall make a request to the CPRB in writing. If there is agreement between the CPRB and the Chief that video is to be deleted, a written record must be signed by both the Chief and the CPRB member that details the identify of the BWC or the in car video including the time and date stamp of the video the minutes and seconds of the video that are to be deleted, and the justification_ for the determination to delete the video. No other portion of the video shall be deleted other than the times identified in the co -signed record. Draft #2 recommendation General Order 99-08 (Body Worn Cameras and In -Car Recorders) DISCIPLINE Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. If an employee 'al in d one ^+ aG.-ti. ate aR ;.- l_.�r nr WAIC nF improperly shut off a recording device in violation of this policy, it shall be presumed that an employee did so intentionally, and the employee shall have an affirmative burden to prove by a preponderance of the evidence that the violation was unintentional. Any employee found to have intentionally turned off or disabled an in -car recording device or body camera when their use is required will be suspended or terminated re 1h;ect to si lcnancien er +or,.,.,;m as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. A second offense for intentionally turning off or disabling an in -car recording device or body camera when their use is required will result in termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. COMMUNITY POLICE REVIEW BOARD REVIEW (To be inserted after_ DISCIPLINE All incidents where employees did not activate an in -car or BWC recording device or improperly shut off a recording device in violation of this policy shall automatically be subject to the review by the CPRB. For such incidents, a report from the Chief of Police or City Manager shall be submitted to the CPRB within 30 days of the occurrence that details: 1. A description of all parts of any investigation into the incident that took place, including an interview with the officer• 2. The finding of fact as to when and how the violation occurred; 3. Relevant video footage including footage taken 30 minutes before and after the missing recording at issue; 4. A conclusion on whether misconduct occurred and whether it was intentional, keeping in mind the presumption of intent and the burden of proof by a preponderance of evidence on the officer and a detailed analysis to demonstrate the rationale behind the determination. Extensions of time may be requested to the CPRB and may be granted upon a showing of good faith. The board deems the existence of video evidence of incidents to be an integral part of the trust relationship between the police and the community. This has been easily apparent in the multiple examples of high -profile incidents across the country, including the George Floyd incident. Second, video footage of an incident greatly enhances the board's ability to make an accurate determination on whether misconduct occurred. Video footage protects both the officers and the community members alike in the ability to capture an objective reality. It is understood that the ICPD concurs with the board's view on the value of the footage; hence the financial investment to equip the ICPD with video cameras, and the policy measures that are already in place to help ensure the cameras use in all relevant instances. Draft #2 recommendation General Order 99-08 (Body Worn Cameras and In -Car Recorders) The proposed changes seek to strengthen the policy to further ensure that video is available in all relevant incidents, while minimizing opportunities and appearances of impropriety. As a whole, the board believes these changes add a community check over the integrity of this valuable evidence and promotes greater transparency with the ICPD action. Regarding the change for the authorization of the deletion of video, the issue the policy revision seeks to resolve is that the Chief has unchecked discretion in classifying the material as qualified for deletion in authorizing the video's deletion. This allows for impropriety, or, equally, an appearance of impropriety. It is conceivable that, even in cases where video was correctly determined by the Chief to be unintentionally captured, invasive or private, and not pertinent to any case or inquiry, and was authorized for deletion, community members might have conspiracies that the Chief falsely classified the video in order to delete pertinent video footage to protect the ICPD from liability or exposure. with a quick review by one member of the board, it will protect against the deletion of relevant video, insulate the Chief and ICPD from accusations of conspiracy, and further transparency. Regarding the change in the discipline, the policy revision underscores the importance of the video in all cases. The board believes any intentional conduct to prevent footage from being recorded of relevant incidents, even on a single occasion, should result in termination. Further, under the current policy, the discretion again lies wholly with the Chief to determine, first, whether the officer's failure to have video in violation of the policy was intentional, and second, what discipline, if any should be administered. As, presently there is no capacity under the ordinance for the board to review the discipline the Chief administers, by shifting the burden of proof to the officer to presume that intentional misconduct occurred, and by calling for review of the Chief's finding as to the officer's intent, the board may lessen both the appearance and occasion of impropriety, misplaced leniency, and inconsistency with determinations made by a Chief. Thank you for your consideration of these policy revisions. Sincerely, David Selmer Prepared by CPRB Chair David Selmer OPS-12.1 BODY WORN CAMERAS and IN -CAR RECORDERS Original Date of Issue General Order Number July 30, 1999 99-0 8 Effective Date of Reissue Section Code October 7, 2020 OPS-12 Reevaluation Date Amends October 2023 OPS-12 Previous Version 2013 C.A.L. E.A. Reference 41.3.8 (see "INDEX AS:") INDEX AS: Use of Force Traffic Stops Internal Investigations Recording Devices Evidence In -car Recorders Evaluations Body Worn Cameras (BWC) I. PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. �M III. DEFINITIONS Audio/video recording equipment consists of: 1. In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The B1lC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. OPS-12.3 OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. If another squad car is available with a working in -car recording device officers shall utilize that vehicle for their watch. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the @ record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety -including when the citation is being written. officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops, officers shall manuallv activate their recordin e ui ment on calls for service and on self -initiated field activitv if it involves an encounter with a person. Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers consider activating the in --car recorder system when responding to calls -for -service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. OPS-12.4 Video Classifications Retention Length 1-equipment check 365 days 2-No CFS 365 days 3- Parking/motorist assist 365 days 4- Warning 365 days 5- CFS / no report 365 days 6- Accident 365 days 7- owl 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated . The BWC will also start an in -car recorder when initiating a recording. All patrol cars shall be equipped with an auxiliary charging device for the BWC. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement action, including parking enforcement even if there is no interaction with the public, or investigative encounter between a police officer and the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood OPS-12.5 residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OW1 investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the OWl and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. ��j��E►: Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment failure or malfunctions shall be brought to the attention of the employee's supervisor as soon as possible so that a replacement unit may be procured. A radio log shall be made indicating that the camera is not functioning when it is first known. Employees must report back to the station for a replacement unless unable to because of an emergent call for service. If an employee is unable to come back to the station for a replacement due to an emergent situation then every attempt should be made to have a backup officer on scene with a working camera. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. oPS-12.7 Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informants. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use the in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room _ Record After -The -Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle recorders, this will be used in case of major incident or investigation that has cause to believe the patrol vehicle may have been in an area and captured footage of an event or pre/post event footage when a car recorder was not in the record state. Officers should be aware that all patrol vehicle records have this feature and are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre -record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event and exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. CPS-12.8 All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigation users have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. SUPERVISOR RESPONSIBILITIES Supervisors shall review in -car and BWC recordings for all involved employees for use of force incidents and complaints. Documentation of these reviews will be logged on the prescribed form (Appendix A). Supervisors that discover an incident where an in -car or BWC recording device was not activated or improperly shut off shall complete a report of inquiry form (ROI) and forward to the captain of field operations. The supervisor shall include if there was sufficient time for the activation of a device. If an in -car or BWC recording was not activated where there was sufficient time to do so or improperly shut off a report of inquiry shall be completed and forwarded to command staff for review. On a monthly basis, supervisors will review at least one in -car and one BWC recording of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Where possible video review should be of the same incident to ensure the system is synching as it is designed. By the 15th of each month each Watch Commander, Lieutenant of investigations and Animal Control O PS-12.9 Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A) from the previous month. Supervisors shall be trained in the use of in -car cameras and body worn camera and of their duty and responsibilities as it pertains to this policy. COMMAND STAFF RESPONSIBILITIES The captain of field operations shall maintain a record of incidents where employees did not activate an in -car or BWC recording device or improperly shut off a recording device in violation of this policy and monitor for repeats from the same employee. By March 1 Sx of each year the captain of field operations will submit an annual report to the city manager's office and Community Police Review Board from the previous year on compliance with this general order. This report should contain summary of the results of the monthly supervisory checks, Use of Force checks and all checks generated from internal affairs investigations. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will OPS-12.10 be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. DISCIPLINE Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Any employee found to intentionally turn off or disable an in -car recording device or body camera when their use is required will be subject to suspension or termination as CO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. violations of this directive will only form the basis for departmental administrative sanctions. COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS March 2021 Date Description None April 14, 2021 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Cam alai nt #20-02 Filed: 06/04/2 0 Chief's report due (90 days): 09/02/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Report filed: 01/28/21 Extension Request: 06/30/21 Report filed: ??l??/21 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 04/14/21 CPRB meeting #4 (Review): ??/??121 ---------------- - -- ----------------------------------------------------------------- CPRB report due (90 days): 04/28/21 Extension Request: ??/??/21 CPRB report due (90 days): ??/??/21 CPRB Complaint #20-05 Filed: 08/14/20 Chief's report due (90 days): 11/12/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Report filed: 01/28/21 Extension Request: 06/30/21 Report filed: ??/??/21 ----------------------------------- --------------------------__--------------------- CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 04/14/21 CPRB meeting #4 (Review): ??/??/21 ------------------------------------------------------------------------------------ CPRB report due (90 days): 04/28/21 Extension Request: ??1??121 CPRB report due (90 days): ??1??121 April 14, 2021 Mtg Packet CPRB Complaint #20-06 Filed: Chiefs report due (90 days): Extension Request: Extension Request: Report filed: Extension Request: Report filed: 08/19/20 11 /17/20 12/15/20 02/01/21 01 /28/21 06/30/21 ??/??/21 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 04/14/21 CPRB meeting #4 (Review): ??/??/21 ------------------------------------------------------------------------------------ CPRB report due (90 days): 04/28/21 Extension Request: ??/??/21 CPRB report due (90 days): ??/??/21 ------------------------------------------------------------------------------------ CPRB Complaint #20-07 Filed: 08/27/20 Chiefs report due (90 days): 11/25/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Report filed: 01/28/21 Extension Request: 06/30/21 Report filed: ??/??/21 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 04/14/21 CPRB meeting #4 (Review): ??/??/21 ------------------------------------------------------------------------------------ CPRB report due (90 days): 04/28/21 Extension Request: ??/??/21 CPRB report due (90 days): -------------------------------------------------- ---------------------------- ??/??/21 ------ April 14, 2021 Mtg Packet CPRB Complaint #20-08 Filed: Chief's report due (90 days): Extension Request: Extension Request: Report filed: Extension Request: Report filed: 08/27/20 11 /2 5/2 0 12/15/20 02/01/21 01 /28/21 05/30/21 ??/??/21 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 04/14/21 CPRB meeting #4 (Review): ??/??/21 ------------------------------------------------------------------------------------ CPRB report due (90 days): 04/28/21 Extension Request: ??/??/21 CPRB report due (90 days): ------------------------------------------------------------------------------------ ??/??/21 TENTATIVE MEETING SCHEDULE April 14,2021 May 11, 2021 May 17, 2021 Community Forum June 8, 2021 July 13, 2021